This study analyzes the qualifications of unlawful acts in the Build Operate
Transfer (BGS) contract dispute based on Kupang District Court Decision
Number 302/Pdt.G/2022/PN Kpg, specifically regarding the unilateral
termination of the contract by the East Nusa Tenggara Provincial Government.
Using normative legal research methods, this study examines the application of
Article 1338 and Article 1266 of the Civil Code and the judge's considerations in
assessing the fulfillment of the elements of an unlawful act. The findings indicate that the government's action in terminating the agreement and taking over the BGS object without a cancellation mechanism in court violates legal obligations, the principle of good faith, and the principle of prudence. The decision confirms that the government, as a party to a private contract, remains bound by civil law mechanisms and provides stronger protection for investors in the implementation of BGS cooperation.