PRINSIP-PRINSIP KEPEMILIKAN SAHAM PEMERINTAH DALAM PERUSAHAAN MILIK NEGARA (STUDI PERBANDINGAN ANTARA INDONESIA DENGAN SINGAPURA)
Abstract: This journal
entitled “Comparative Study
Concerning The Principles
of Government’s Shares in State
Owned Enterprise”. Problems
being research in this thesis
are, first: the legal standing of the state’s equity in Persero according to
Indonesian corporate law and its comparison to Singapore corporate law. The
second problem, what are legal implications of the government’s shares in
Persero. The method being
used is normative
legal research through
legislation and regulation approach and
comparative approach. Legal
materials used are
primary legal materials, legal materials and secondary and
tertiary legal materials, the analysis done by descriptive, evaluative,
interpretative, analytical and argumentative.
This research shows that according
to Indonesian corporate law, the
state’s equity being placed in Persero
belongs to Persero and according to Singapore Law, the government’s
equity being placed in
Persero as the Government Linked
Company belongs to the said company. Legal consequences of the government equity
in Persero are: the management of the said equity is no longer subject to state
budget’s principals but to good corporate government principals; contracts made
by Persero binds Persero and not the government, hence compliance and liability
arising from the said contracts are Persero’s liability only and therefore
Persero’s claim arising from contracts belong to the said Persero. However, in
practical level, there are still some inconsistency in Persero’s equity
treatment (i.e. financial audit and Persero’s inability to act as the guarantor
to another company).
On the other
side, the Government
of Singapore’s equity
in Temasek is
managed by corporate mechanism
and almost without government intervention (except for past reserves).
Therefore Temasek is
free to make
any contract with
third parties and
can act as the
guarantor for its subsidiary.
Penulis: Ni Wayan Desi Aryanti
Kode Jurnal: jphukumdd140233
