CD Tesis
Tinjauan Yuridis Terhadap Perubahan Status Badan Hukum Bumn Pada Pt Perkebunan Nusantara V Pasca Terbentuknya Holding Perkebunan Nusantara Dikaitkan Dengan Kekayaan Negara Dalam Perseroan
The establishment of BUMN Holding, including Nusantara Plantation
Holding, is an effort to increase the added value of BUMN. The establishment of
Holding Perkebunan Nusantara resulted in a change in the legal status of BUMN,
especially in this case against PT Perkebunan Nusantara V. Provisions related to
the formation of Holding Company in BUMN have not been clearly and
specifically regulated in the form of law. After the formation of Holding
Perkebunan Nusantara, it resulted in the loss of the status of BUMN Persero in
PTPN V and its position as a subsidiary of BUMN, which was marked by the
restructuring of the company's organization, changes in the composition and types
of shares, which became 90% shares owned by PTPN III (Persero) and 10% of
the shares are owned by the state, with the classification of preferential or dual
share ownership.
The existence of parental control over the subsidiary in the construction of the
group company results in duality in the subsidiary, namely as an independent
legal entity and a business entity that is subject to the control of the parent
company. However, there are still multiple interpretations or differences of
opinion regarding the position of BUMN finances, whether BUMN finances are
included in the scope of state finances, or vice versa BUMN finances are not state
finances. This legal disharmony, among others, is marked by differences in
statutory provisions, views or opinions of experts, and court decisions.
Based on the principle of Separate Legal Entity and the transformation of state
assets, in essence there has been a change in the legal status of state assets to
become the assets of BUMN or SOE subsidiary companies that are separate from
their shareholders, but still have a relationship with the state due to the state's
status as a shareholder with special rights.
The type of research used in this paper is normative juridical law
research, which is descriptive analytics. Using secondary data includes primary,
secondary, tertiary legal materials collected by library research, and then
analyzed by qualitative methods. This research was conducted at PT Perkebunan
Nusantara V, which is located in Pekanbaru City, Riau Province.
Key Words : Holding, BUMN, Plantation, State Wealth
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