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VOL. 6, ISSUE 3 (2024)
State rights to state owned enterprise assets placed in state-owned subsidiaries linked to corruption crimes
Authors
Ramadan Heldi Santoso
Abstract
This research aims to analyze the state's rights to state-owned
enterprise assets placed in state-owned subsidiaries in relation to criminal
acts of corruption. This is due to the dualism of the state's position in
state-owned subsidiaries. This research is normative legal research with
statutory, conceptual and case approaches. The results of this research are the
legal relationship between BUMN and BUMN subsidiaries, namely that subsidiaries
are considered independent legal subjects, however, BUMN has significant
control through majority share ownership and special rights in making important
decisions. In addition, the State, through the Minister of BUMN, has
significant rights over BUMN assets in subsidiary capital participation, both
in the form of supervision, monitoring and strategic decision making. The
principles of separation of legal entities and limited liability still apply,
where the actions and legal obligations of the subsidiary are not the
responsibility of the parent company. However, BUMN's strategic control over
its subsidiaries remains strong through special privileges regulated in
government regulations and the company's articles of association. These state
rights over state-owned subsidiaries provide additional controls that ensure
state interests remain protected.
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Pages:277-281
How to cite this article:
Ramadan Heldi Santoso "State rights to state owned enterprise assets placed in state-owned subsidiaries linked to corruption crimes". International Journal of Law, Policy and Social Review, Vol 6, Issue 3, 2024, Pages 277-281
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