State Owned Enterprises Finance from the Perspective of State Funds

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent leg...

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Main Author: Sopian Sitepu
Format: Article
Language:English
Published: Universitas Airlangga 2019-12-01
Series:Yuridika
Subjects:
Online Access:https://e-journal.unair.ac.id/YDK/article/view/16874
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author Sopian Sitepu
author_facet Sopian Sitepu
author_sort Sopian Sitepu
collection DOAJ
description The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.
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spelling doaj.art-eab8c67b7a074135aec309e940f2eedd2024-02-02T23:52:38ZengUniversitas AirlanggaYuridika0215-840X2528-31032019-12-0135236338810.20473/ydk.v35i2.168748024State Owned Enterprises Finance from the Perspective of State FundsSopian Sitepu0Sopian and Patner Law OfficeThe existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.https://e-journal.unair.ac.id/YDK/article/view/16874bumnstate-owned enterprisesstate-owned enterprises capitalstate funds.
spellingShingle Sopian Sitepu
State Owned Enterprises Finance from the Perspective of State Funds
Yuridika
bumn
state-owned enterprises
state-owned enterprises capital
state funds.
title State Owned Enterprises Finance from the Perspective of State Funds
title_full State Owned Enterprises Finance from the Perspective of State Funds
title_fullStr State Owned Enterprises Finance from the Perspective of State Funds
title_full_unstemmed State Owned Enterprises Finance from the Perspective of State Funds
title_short State Owned Enterprises Finance from the Perspective of State Funds
title_sort state owned enterprises finance from the perspective of state funds
topic bumn
state-owned enterprises
state-owned enterprises capital
state funds.
url https://e-journal.unair.ac.id/YDK/article/view/16874
work_keys_str_mv AT sopiansitepu stateownedenterprisesfinancefromtheperspectiveofstatefunds