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All Journal Pandecta Jurnal Media Hukum
Yuli Indrawati, Yuli
Fakultas Hukum Universitas Indonesia
Law, Crime, Criminology & Criminal Justice

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Are BUMN/State-Owned Enterprises (SOES) Hybrid Organizations? Indrawati, Yuli
Pandecta Research Law Journal Vol 15, No 1 (2020): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v15i1.24193

Abstract

The organization is now well developed. The organization does not only consist of public and private organizations, but also mixed organizations (hybrid organizations). And it’s influence to the organizations of State-Owned Enterprises (SOEs) as stated in the legal considerations of Constitutional Court (MK) Decision Nr. 48 and 62 / PUU-XI /2013 that exclaims that SOEs are private legal entities that carry out public duties. Referring to this matter, (a) elements of hybridity in SOEs, (b) benefits and risks in the form of hybrid SOE organizations, (c) the concept of hybridity in increasing the achievements of SOE objectives. By using an analytical approach and legislation results that based on the characteristics of BUMNs are categorized as hybrid organizations. As a hybrid organization has benefits and risks as a result of the influence of the public and private elements. The greatness of the benefits and risks of hybrid organizations is inversely proportional to the size comparison of public and private elements. The hybrid concept at Perum (Public Company) which aims for public benefit is a balanced public element with a private element. Whereas for Persero (State Company) that has commercial aims, the private element must be more dominant to create flexibility that drives the development of the Company. It is recommended that the concept of hybridity in SOEs must be adapted to the form of the company and the objectives of the company.
Interpreting Fiscal Risk for Lack of Bank Indonesia’s Capital Indrawati, Yuli
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.8712

Abstract

The research is focused on determining the government's obligation to meet the shortage of capital of Bank Indonesia (BI), as the central bank, in the National State Budget (APBN). The research analyzes the basis of the government's obligation to meet BI's lack of capital and a mechanism for fulfilling the government's obligations to cover BI deficiencies in line with the objectives of the APBN. This study uses a normative legal research method with a statute, interdisciplinary, and analytical approach. The result shows that the government's obligation to suffice BI's capital is intended to maintain BI's sustainability so that BI can continue to carry out its responsibilities and obligations to maintain monetary stability. Monetary stability has implications for economic stability and increases in people's welfare. In addition, the fulfilment of government obligations is contingent, limited and final. This obligation will only be born if BI is no longer able to overcome the lack of capital. The cause of the lack of capital is beyond BI's control, as evidenced by the results of an examination by the Supreme Audit Agency and requires the approval of the House of Representatives.
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