THE LIABILITY PROBLEMATICS OF THE BOARD OF DIRECTORS IN THE CONTEXT OF LOSS IN THE BODY OF SOEs: A LOSS TO THE STATE'S FINANCE?
Keywords:
BUMN, State Losses, Accountable, ResponsibilityAbstract
State-Owned Enterprises (BUMN) are actually a form of state effort to directly seek welfare for the people. In this case, BUMN is a separate form of business entity whose wealth is obtained from state assets. The journey of BUMN as a business entity does not always run smoothly, state losses often occur due to the management of BUMN. Therefore, it becomes very significant to understand the position of wealth owned by BUMN to hold them accountable for the losses. Sumir feels that at the practical level, there is a fierce debate about the position of wealth owned by BUMN. Many postulate that BUMN are immediately separated from state assets, even though various laws and regulations and jurisprudence have stated that the wealth of BUMN is the same as state assets. So it becomes a discussion that needs to be discussed in depth regarding the position of state assets in the BUMN body. As well as investigating more deeply about the responsibility for losses suffered by BUMN, using a knife of analysis of business judgment rules
References
Afriyadi , Hadiyan , " Reconstruction Juridical Separated State Wealth in SOEs”, Al'Adl Vol. IX No. 1 ( January -April 2017): ISSN 1979-4940.
Mertokusumo , Sudikno , Get to Know One Law Introduction (Yogyakarta: Light Atma Pustaka, 2010).
Muhamad Hafizh , Akram and Nisriina Primadani fanaro . " Implementation Doctrine of Business Judgment Rule in Indonesia." Ganesha Law Review 1, no. 1 (2019).
OS Hiariej, Eddy, Principles of Criminal Law (Yogyakarta: Cahaya Atma Pustaka, 2015).
Rani, et al , " Consistency Confirmation position Separated State Assets in State-Owned Enterprises According to Perpetrator Power Justice In The link With Doctrine of Business Judgment Rule." ACTA DIURNAL Journal Notary Law Studies 1, no. 2 (2018).
Simarmata , Welfare State and Globalization : Development Policy and Comparison Experience , (Jakarta: PSIK Paramadina University , 2008).
Sukmana , Oman, " Concept and Design of the Welfare State ", Journal Sospol 2, no. 2 ( December 2016).
Sulistiowati , Legal Aspects and Reality Group Company Business in Indonesia (Jakarta: Erlangga , 2010).
Theodoris , Falentino , et al , " Contribution of SOEs (State Owned Enterprises) in the Economic Sector in Face Covid-19 Pandemic ”, Wijayakusuma Law Review 3, no. 1 (2021).
Yusuf, Nasrudin , et al , " Muhammad Hatta's Thoughts on Islamic Economics in Indonesia", Portrait Thinking 23, no. 1 (2019).
Ministry of SOEs, “ Flash SOE Work Quarter 3-2021
Harsono , “Cooperation between State Companies, Private Companies and Cooperatives in framework Success of Economic Development in Indonesia”, Speech Confirmation in Reception Profession of Professor at Brawijaya University , Malang, 1986, p . 2.
Hendry Julian et al, Losses State Finance in Management of State-Owned Enterprises in the form of Limited Liability Company , Perspective of Business Law and Action Criminal Corruption , Dissertation , Gadjah Mada University , (2018).
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
