TINJAUAN YURIDIS MENGENAI RANGKAP JABATAN DI BADAN USAHA MILIK DAERAH KOTA PALU DAN PT. CITRA NUANSA ELOK

This study aims to determine how the arrangement position on Regional Owned Enterprises in terms of the provisions of relevant legislation and whether there is relevant legislation which deals with Interlocking Directorate violated by the Director of Operations Regional Company (Perusahaan Daerah Ko...

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Bibliographic Details
Main Authors: , Kassa Anusirwan Karman, SH, , Dr. Sulistiowati., SH., M.Hum.
Format: Thesis
Published: [Yogyakarta] : Universitas Gadjah Mada 2012
Subjects:
ETD
Description
Summary:This study aims to determine how the arrangement position on Regional Owned Enterprises in terms of the provisions of relevant legislation and whether there is relevant legislation which deals with Interlocking Directorate violated by the Director of Operations Regional Company (Perusahaan Daerah Kota) Palu and President Director of PT. Citra Nuansa Elok and the image of what the legal effect of the double post. Interlocking Directorate made by the Director of Operations Regional Company (Perusahaan Daerah Kota) Palu basically does not conflict with the law as long as they do with the written consent of the majority shareholders in this regard is the mayor of Palu. Interlocking Directorate is also not contrary to law because it does not meet the elements of monopoly that is engaged in the same business. Actions of local government Palu allow a Interlocking Directorate is as a form of discretion, is forcing the state to take action immediately so that even if there is any contradiction between the law firm with the Palu District Regulation No.1 of 2007 concerning Regional Government Enterprises, double action positions can still be justified because in order to maintain continuity of government-owned assets. Conflicts between local regulations and law itself is an oddity, because the area regulations established by the basic law. So the authors suggest the need for revision of local regulations and the need for accuracy in making the rules so that any rules made do not overlap or conflict with higher laws and regulations forming the basis of which are below. Interlocking Directorate does not cause any legal consequences except that the Director of Operations Regional Company (Perusahaan Daerah Kota) Palu had the burden of responsibility than the usual two-fold because now in addition to account for what he did as a Director of Operations Regional Company (Perusahaan Daerah Kota) of Palu also account for his actions as President Director of PT Citra Citra Nuansa Elok is majority owned by the regional government of Palu.