Yuridika
Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020

Demarcation BUMN: Between Private Laws and Public Laws

Indah Cahyani (Universitas Trunojoyo Madura)
Tatiek Sri Djatmiati (Universitas Airlangga)



Article Info

Publish Date
26 Dec 2019

Abstract

The article titled “BUMN between Private Law and Public Law” aims to find the best solution for crossing the position of BUMN that meets in it two different legal regimes namely private law and public law in Indonesia. Until now it has not been found yet, the most appropriate measure to differentiate BUMN/BUMD is subject to state finance or whether it is subject to the private financial system. Law Number 17 of 2003 concerning state finance has a strong public law nuance representing Hobbes's thinking, while Law Number 19 of 2003 concerning BUMN is stronger in the spirit of private law which represents Grotius' ideas, the problem that arises, namely how to resolve the law dogmatically fairly between the two laws that contain the opposite spirit. The article uses normative legal research methods with a conceptual approach, a statutes approach and a legal case approach. This research resulted in recommendations for the use of legal philosophy as a meta theory for legal theory to be the settlement of the meeting point to find an equilibrium that fulfills a sense of justice.

Copyrights © 2019






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...