Comparison of Law Concerning the Concept of Privatization of State-Owned Enterprises in Civil Law and Common Law

DOI

10.2991/assehr.k.220204.048How to use a DOI?

Keywords

Comparison; privatization; state owned enterprises

Abstract

The implementation of the nationalization of Dutch companies during the Dutch East Indies era based on Law No. 86 of 1958 concerning. The implementation of the Law on State-Owned Enterprises can be used as an important momentum for the policy of fostering BUMN by the Government, political will, commitment and consistency of policies and the determination of the governance of BUMN as a company or good corporate governance (GCG) becomes a measure. This is because Indonesia adheres to a civil law legal system as well as the Netherlands. At first the concept of privatization was a legal product and was the first program introduced by the British state with the implementation of the Anglo Saxon legal system (common law system. This basis is the main problem in comparing the concept of privatization of state-owned enterprises between 2 (two) systems. different laws in sources, definitions and mechanisms for implementing the law.This research is a descriptive type of research with a normative juridical approach. For countries that adhere to the European continental legal system (civil law) is in applying the concept of privatization, it aims to reduce state expenditure budgets, efficiency In managing state assets given to the private sector, the concept of privatization is given the greatest freedom to compete with the private sector. a work differently in different geographic contexts; commitment to competitive neutrality within the administrative framework. The conclusion of ths research are there are differences in the mechanism and concept of regulation regarding the privatization of State Owned Enterprise (SOE) both in civil law and common law.There are in civil law, the concept of privatization which has similarities, namely aiming to reduce the state budget, efficiency in managing state assets given to parties. private sector, whereas in a country that adheres to a common law legal system, where the concept of privatization is given the greatest freedom to compete with the private sector and there must even be transparency, there is no difference in treatment and governance between private and public companies privatized.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Ayu Trisna Dewi
AU  - Tan Kamello
AU  - Muhammad Yamin Lubis
AU  - Edi Ikhsan
PY  - 2022
DA  - 2022/02/15
TI  - Comparison of Law Concerning the Concept of Privatization of State-Owned Enterprises in Civil Law and Common Law
BT  - Proceedings of the Second International Conference on Public Policy, Social Computing and Development (ICOPOSDEV 2021)
PB  - Atlantis Press
SP  - 319
EP  - 323
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220204.048
DO  - 10.2991/assehr.k.220204.048
ID  - Dewi2022
ER  -