CD Tesis

Penafsiran Hakim Tentang Kedudukan Anak Perusahaan Badan Usaha Milik Negara Di Indonesia

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State-Owned Enterprises (BUMN) is a legal entity known today in the form of
Persero (corporation) and PERUM. State-owned enterprises are basically an
inseparable part of the state's wealth, either fully controlled or majority by the
state. Along with the development of time to ensure the optimization of SOE
resources to form a subsidiary of SOEs. However, the status of this BUMN
subsidiary has been debated by a number of groups considering that in the
Constitutional Court and Supreme Court decisions there are differences in
terminology regarding the interpretation of BUMN subsidiaries. The formulation
of the problem in this study is first. What is the judge's interpretation of the
position of a State-Owned Enterprise Subsidiary in Indonesia, secondly, what are
the legal consequences that arise due to the dualism of the judge's interpretation
of the position of a State-Owned Enterprise Subsidiary? In this study using
normative legal research methods, namely the study of literature. The results of
the study concluded that the judge's interpretation of the position of subsidiaries
of state-owned enterprises in Indonesia differed between the Supreme Court and
the Constitutional Court, where the Supreme Court categorized BUMN
subsidiaries as BUMN, while the Court emphasized that BUMN subsidiaries
could not be categorized as BUMN. This is because SOEs' equity participation in
SOEs' subsidiaries is purely a civil action. The legal consequences arising from
the dualism of the judge's interpretation of the position of the State-Owned
Enterprise Subsidiary have implications for the actions taken by the SOE
subsidiary itself. Especially in his finances. Where SOE finances are part of state
finances. Meanwhile, the SOE subsidiary with the Constitutional Court's decision
is not included in the BUMN category. This Constitutional Court's decision
becomes the latest law, because the Constitutional Court's decision has redefined
the position of the BUMN subsidiary, where the BUMN subsidiary is not included
as a BUMN, so this decision has implications for legal action from the BUMN
subsidiary. alone. Because it is a subsidiary of BUMN, in managing its business
activities, it uses the rules of the PT Law, not the provisions of the BUMN Law.
Keywords: Interpretation; Judge; Position, Subsidiary of BUMN

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1810246798

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1810246798

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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