The Practical Settlement of Norm Dispute Upon Separated State Assets in The Limited Company of Stated-Owned Enterprise

DOI

10.2991/icglow-19.2019.69How to use a DOI?

Keywords

State-owned Enterprises, SOEs, State Finances, Corporate Legal Obligation

Abstract

The development of law in Indonesia is still questioning the position of the State-owned Enterprises (SOEs) in the theoretical and practical level of the State Finances. There has been no a similar understanding in determining whether there should be a separation between the state assets with the SOEs, considering that all or most of the SOE’s capital still comes from the State Wealth. This contradiction emerged as a result of the dual concepts of the private law and the public law in discerning the SOE’s assets. The private law sees that every state assets in the SOEs considered as state assets, but on the other hand the public law perceives the state assets in the SOEs as an integral part of it and not a state wealth. This legal dualism leads to a discussion on how to position the SOEs when it comes to the SOEs legal obligation when their business activities harm the State Finances. Therefore, this paper tries to conduct a research by using a qualitative approach in analyzing the implementation of the SOE’s legal practices in the judicial process. The correlation between the practice process and the theory in responding to the legal norms that are related to the State Wealth especially in the criminal justice process will be the expected research finding.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Arie Sudihar
AU  - I.G.A.K. Rachmi Handayani
AU  - Waluyo Pujiyono
PY  - 2019/10
DA  - 2019/10
TI  - The Practical Settlement of Norm Dispute Upon Separated State Assets in The Limited Company of Stated-Owned Enterprise
BT  - Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)
PB  - Atlantis Press
SP  - 277
EP  - 281
SN  - 2352-5398
UR  - https://doi.org/10.2991/icglow-19.2019.69
DO  - 10.2991/icglow-19.2019.69
ID  - Sudihar2019/10
ER  -