KEDUDUKAN BUMN PERSERO SEBAGAI SEPARATE LEGAL ENTITY DALAM KAITANNYA DENGAN PEMISAHAN KEUANGAN NEGARA PADA PERMODALAN BUMN
Abstract: The problems studied
in this research include: first, what is the conception of the independence of
BUMN Persero (State Owned Enterprise) as separate legal entity based on the
theory and legal doctrine of Liability Company and all of its legal consequences?
Second, what is the status of state
assets in regard to the capital of State Owned Enterprise? Third, how is
the relation of State Owned Enterprise and its subsidiaries in accordance with
the theory and doctrine of regulation of limited company? This research is
conducted using legal normative. The findings in this research show that :
first, BUMN Persero as separate legal entity is entitled to have its own assets
that are separated from the assets of its management including the personal
assets of its share holders, second, in the context of State Owned Enterprise,
the inclusion of state assets into the capital of BUMN is a result of
separating the state owned assets as regulated in Law Number 19 Year 2003 about
BUMN, and third, State Owned Enterprise along with its subsidiaries is an
independent legal entity in which its management must be done in accordance
with certain rules (good corporate governance) without any interfere from any
parties.
Penulis: Inda Rahadiyan
Kode Jurnal: jphukumdd131164
