Kewajiban Peralihan Aset dalam Perjanjian Konsesi Tentang Kegiatan Pengusahaan Jasa Kepelabuhanan (PT. Pelabuhan Indonesia)

Abstract

This research aims to find out and analyze why PT Pelabuhan Indonesia Regional IV, in the port concession agreement, does not transfer its assets after the end of the agreement and analyzes the legal consequences of this clause. This research is normative research using a statutory approach and a conceptual approach. The research results show that PT Pelabuhan Indonesia Regional IV, in the port concession agreement, did not transfer its assets to the Makassar Main Port Authority Office after the end of the agreement as regulated in the statutory provisions relating to port concessions because it has the right to continue operating the port based on Article 344 paragraph (3) of Law  No. 17 of 2008 concerning Shipping, including the provision of land and port facilities. The clause that regulates the non-transfer of assets by PT Pelabuhan Indonesia Regional IV to the Makassar Main Port Authority Office in the Concession Agreement is under statutory regulations because of PT. Pelabuhan Indonesia Regional IV only holds Management Rights over land and assets in the concession area, so it does not have authority over transferring state-owned assets. The non-transfer of assets is also based on the agreement of both parties in the Concession Agreement.