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All Journal Pandecta SALAM: Jurnal Sosial dan Budaya Syar-i Jurnal Media Hukum Jurnal Ius Constituendum Unes Law Review JURNAL USM LAW REVIEW Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional YURISDIKSI : Jurnal Wacana Hukum dan Sains Jurnal Konstitusi Reviu Akuntansi, Manajemen, dan Bisnis Journal of Central Banking Law and Institutions Jurnal Hukum & Pembangunan IJSS: International Journal of Social
Yuli Indrawati dan Dian Puji N. Simatupang
Faculty Of Law, Universitas Indonesia
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Hapusnya Hak Tagih Pemegang Obligasi Lama Terhadap Negara Ditinjau dari UU Perbendaharaan Indonesia / Indische Comptabiliteitswet (ICW) Yudhistira, Nizar; Indrawati, Yuli
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1054

Abstract

Old bonds issued post-Indonesian independence (1950, 1959, and 1964) remain a persistent issue. Some bondholders believe they can demand repayment from the government through lawsuits. This research assesses old bondholders' claim rights under the Indonesian Treasury Law (Indische Comptabiliteitswet - ICW). Using a doctrinal research approach and juridical methods, this research examines the contractual relationship between bondholders and the government, based on mutual agreement. Obligations can expire due to time limitations (extinctive prescription), as stipulated in Article 1381 of the Civil Code. Article 60 of the ICW specifies a 5-year limit to claims against the state, beginning from the year of debt. Since the old bondholders took no action within the 5-year window from 1978 to 1983, their right to demand payment from the government has lapsed due to extinctive prescription. Consequently, the government is no longer obligated to pay the old bondholders. This research underscores the significance of understanding legal time constraints in contractual relationships.
Tinjauan Yuridis Terhadap Ketetapan Majelis Permusyawaratan Rakyat No. IV/MPR/1983 Tentang Referendum Indrawati, Yuli
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Menanti Lahirnya Undang-Undang Pinjaman Luar Negeri Indrawati, Yuli
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Quo Vadis Authority to Manage Public Agency Credits by The State Credits Affairs Committee (PUPN) Yuli Indrawati
JURNAL USM LAW REVIEW Vol. 7 No. 3 (2024): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v7i3.10573

Abstract

This study aims to examine the authority of the State Credits Affairs Committee (PUPN) to settle public agency credit. The Constitutional Court (MK) Decision Nr. 77/PUU-IX/2011 which abolished the phrase settlement of credits from bodies that are either directly or indirectly controlled by the State by PUPN. Otherwise, Government Regulation No. 28 of 2022 concerning Pengurusan Piutang Negara oleh PUPN regulated that PUPN can handle creditors in bad faith from special bodies/institutions/public legal entities. The research questions how public agency credits are managed by PUPN? This study differs from previous studies because it uses a public financial law perspective on the characteristics of public bodies as sui generis institutions and PUPN’s special authority in managing receivables. This research is important because it provides a legal study on legal certainty in the practice of managing public agency receivables by PUPN and eliminates concerns about lawsuits over the management of said receivables by PUPN. The research results show that processing public agency receivables by PUPN is only an alternative determined by the public agency - it does not have to be submitted. This concept is based on the application of the sui generis nature and legal subject status of public bodies and is used to optimize the management of public bodies' credits because PUPN has extraordinary coercive authority. This kind of mechanism has a positive value for public bodies in maintaining their financial health and also in efforts to maintain optimal service to the public which is the task of public bodies.
The Concept of Land Management by State-Owned Enterprises (SOE’s) Yuli Indrawati
JURNAL USM LAW REVIEW Vol. 8 No. 2 (2025): AUGUST
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i2.11394

Abstract

This study analyzes the concept of land management by State-Owned Enterprises (SOE's) based on the state's control and ownership rights over land. Based on the Constitution and Law No. 5 of 1960 concerning Basic Agrarian Principles (UUPA), land belongs to the Indonesian people, and the state only has the right to control it, except for land that is factually owned by the state, which gives it the right to own it. It is necessary to study more in depth regarding the state capital participation in SOE’s in the form of land, whether it arises from the right to control the state’s land or the right to own said land. The analysis was carried out using UUPA and regulations on state asset management. The novelty of this research lies in the distinction between state-controlled land and state-owned land in the context of capital participation in SOEs, which has not been clearly emphasized in previous studies. This study finds that only state-owned land, not merely state-controlled land, can be used for capital participation in SOEs due to the legal consequences of ownership transfer.  
Implications of State Position Dualism on the Financial Settlement of PT Garuda Indonesia (Persero) Tbk. Yuli Indrawati
Jurnal Ius Constituendum Vol. 10 No. 1 (2025): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i1.11395

Abstract

This study raises the issue of the implications of the dualism of the state's position as a public authority and shareholder in the financial settlement of PT Garuda Indonesia without injuring the intended use of APBN. The financial problems of PT Garuda Indonesia (Persero) Tbk. is already on the verge of requiring immediate action from the state. The focus of this research on the dualism of the state's position has never been discussed in previous research, even though this position is a determining element for the government's actions regarding the Garuda problem.  The position of the state itself as the highest public authority and shareholder limits the state's actions to overcome the problems of PT Garuda Indonesia. This is based on the limitation of the use of the state budget (APBN) as regulated in the Constitution, which is only intended for the prosperity of the people. To answer the research problem, the regulations, the theory of legal entities, the public choice theory, the theory of state responsibility, and the international practices are used as analytical tools. The result of the analysis is that the efforts made by the state, both as a public authority and as a shareholder, must be based on considerations of benefits for the interests of the people – not based on mere nostalgia. Learning from the history of Garuda's management governance which has never improved significantly, the Government should not need to help Garuda because it will only waste the APBN and not be beneficial to the community, because the most important benefit is in deciding on APBN spending actions.  Actions to increase capital can be carried out as long as it is believed that with the addition of capital, PT Garuda Indonesia can bounce back from adversity and generate sufficient profits to provide dividends to the state. If indeed the condition of PT Garuda Indonesia it is not possible to get up and operate so as to generate dividends, preferably PT Garuda Indonesia bankrupt.
Co-Authors Ahmad Risyad Fadli Ali Said Hilabi Asep Sulaeman, Asep Fahrani, Andini Resa Halimah, Siti Nur Lestari, Adelia Sri Mutiara Azura Mulyawan Pasha, Nova Ayunda Putri, Nursela Rahma Yudhistira, Nizar