Pustaka Ilmiah Universitas Padjadjaran

Abstrak

Privatisasi BUMN-Persero Dihubungkan Dengan Kepemilikan Golden Share Oleh Negara Dalam Rangka Nienunjang Pembangunan Ekonomi Indonesia. ( Privatization Of State Owned Enterprises In Relation With Golden Share Ownership By State In Order To Support Indonesian Economic Development)

The decision to implement the privatization of State Owned Enterprises (SOF,$) in Indonesia was essentially due. to the circumstances that they are not considered self-reliant and not perform, and therefore privatizadon is an alternative coarse of action to reform SOEs. The privatization of the SOEs, however, raises the question whether the private management of SOEs as a business entity can still preserve the public interests. Based on the abovementioned arguments, the purpose of this research are: first, to formulate the states management strategies based on company law in or-der to enhance the role of SOE’s us a mainstay of Indonesia’s economic development; second, to formulate the !Unction of golden shares in the privatized SOEs and its implication with the principle of justice in developing the Indonesian economy; and third, to fortnulate the regulatory privatization perspective of the SOEs as the driver of Indonesia’s economic development in realizing the aspiration of a welfare state. This research uses a normative juridical approach, namely to assess and examine logically the legal aspects of the underlying strategy of SOL; management and their application in-concreto. Therefore, the specification of the research is descriptive analytic. In this study the principal data is the secondary data, while the primary data obtained are employed as supporting the secondary data Subsequently, research data were analyzed emalitatively. Based on the analysis and deliberation, the obtained conclusions are us follows: First, the SOE’s role us a mainstay of Indonesia’s economic development has not been implemented as expected due fo the existence of the various provision in the Act of SOE’s that give MU/a-interpretatio?n in the management of SOE’s. Therefore the role of the SCE’s, so as to support Indonesia’s economic development, has not optimally achieved, Second, the function of the golden share has yet to fulfill a sense of justice to the community as stated in Article 33 paragraph (2) and (3) of the 1945 Constitution fourth Amendment during the privatization of SOFA: because it has not being used in accordance with its intention. Third, the government must strictly regulate the privatized shares of not more than 49 %.