Kajian atas penanaman modal asing dalam rangka kerjasama sektor air minum melaui sistem dana bergulir...

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ABSTRACT
Seeing the current condition of PDAM and demand projection in the
future, it 's clearly seen that PDAM facing big problem. One of their effort to solve the problem they cooperate with water supply company from Holland o the basis no profit no loss principle through revolving fund system. This research implemented to identify whether the foreign investment agreement, which is based on the revolving fund system, is relevant with the principles of agreement; what are the benefits of revolving fund system for the drinking water infrastructure and service in the region, and what is the relevance of drinking water management under joint venture agreement with the State Control Right in realizing the welfare state objective.
This study makes use of juridical normative approach that emphasizes on
secondary data, In addition, legal comparative method is also applied to analyse data obtained from the literature study and primary data obtained from the field. The research specification is descriptive analytic and then the collected data are analysed on a juridical qualitative basis.
The study indicates that the agreement on the revolving-fund based foreign
investment in the drinking water sector, which is currently implemented in Indonesia, has complied with the principles of agreement, included in the special agreement category. Positive laws and policies related to cooperation in drinking water sector still entails legal uncertainty and mostly remain within the public law domain, eventhough PDAM as company actually must be regulated through the private law. The benefit of revolving fund system in the agreement on foreign investment in the development of regional drinking water facility and infrastructure is the certain availability of long-term investment fund for PDAM to finance its investment/development programs through its investors' commitment to reinvest their earnings. This is very strategic for PDAM considering the shortage of fund from the government and PDAM's difficulty to access commercial funds.
With other conventional systems, the investors are more short-term
oriented, focusing on immediate profit-taking without reinvestment commitment, and even eager to sell their shares faster if there is an interested buyer who can afford to pay more than their investment value. The state control right over water, particularly drinking water, has not yet been utilized to attain the welfare state objective in water supply sector as mandated by the constitution. Such a condition encourages the government to involve the private party in drinking water management. The appropriate form of cooperation under the current PDAM's condition is joint venture agreement whereby the private party becomes one of the shareholders. This form of cooperation is by no means against the constitutional principle concerning the state control right. In this case, the state control does not mean that the state must own but perform the functions of policy making, regulation, administration, management, and supervision.

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Series Title

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Call Number

341.75 Sur k/R.11.38

Publisher

Bandung : Program Doktor Ilmu Hukum UNPAD., 2010

Collation

xvii,;359 hlm,; 29 cm

Language

Indonesia

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Classification

341.75 Sur k

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