Forms of Ideal Laws of State-Owned Enterprises in Harmony With Article 33 Paragraph IV of the Preamble of the 1945 Constitution of the Republic of Indonesia

Abstract

The form of BUMN law in Indonesia based on Law Number 19 Year 2003 concerning BUMN only exists two, namely PERSERO and PERUM, however, in the said BUMN Law it is not regulated in detail regarding what business sectors may be carried out by PERUM and what business sectors may be carried out by PERSERO. Including in the field of business that controls the lives of many people, can it be done by PERUM or PERSERO. Based on that fact, this paper will be analyzed normatively based on primary legal material and secondary legal material, on how the ideal legal form of BUMN whose business field dominates the lives of many people. From the results of the analysis it was found that the ideal law, which is in line with paragraph IV of the Preamble of The 1945 Constitution and Article 33 of the 1945 Constitution, is PERUM, because PERUM is a Business Entity whose overall capital is owned by the state, which aims to hold public and non-profit services.

Keywords: BUMN, PERUM, PERSERO, State-Owned Enterprises, Ideal Laws.

DOI: 10.7176/JLPG/85-12

Publication date:May 31^st 2019