State Receivable Settlement on State-Owned Enterprises

Abstract

Reseach in this article was funded by Directorate General of Research And Civil Service (Direktorat Riset dan Pengabdian Masyarakat),  Ministry of Research, Technology and Higher Education (Kementerian Riset, Teknologi dan Pendidikan Tinggi), Republic of Indonesia, Threshold  Research for Lecturer (Penelitian Dosen Pemula), 2018

Abstract

This study analyzes the implementation of the Regulation of The Finance Minister of Indonesia No. 13/PMK.05/2016 concerning the Procedures for Optimizing State Receivable Settlement sourced from Foreign Subsidiary Loan and Investment Fund Accounts in State Owned Enterprise/Limited Company/Other Legal Entities (“PMK 13/PMK.05/2016”). The focus of the study is oriented to State-Owned Enterprises as business entities that have an interest in improving their capital structure.The theories used to analyze were "Utilitarian Theory" and "Deontology Theory". While the research method used was normative juridical research, which through library research by reviewing the rules of positive law and the principles of law. The approaches used were a conceptual approach and a statute approach..Based on a study of SOEs, it was found that the documents required to apply for debt optimization by SOEs were legal due diligence. The importance of legal due diligence in the process of optimizing the receivables is to provide a material description of the law to the existence of the SOE. The description is emphasized more on the legal compliance of a legal company to the laws and regulations and to analyze all forms of legal risk that could potentially harm SOE.

Keywords : State Receivable Settlement, Legal Due Diligence, State Owned Enterprise.