Aminuddin Ilmar
Hasanuddin University

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Analysis of Government Policies in Structuring State Owned Corporation Through The Formation of Holding Companies Ahmad Ishak; Aminuddin Ilmar; Winner Sitorus
Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i1.1322

Abstract

The legality of establishing a BUMN holding company is only based on Government Regulation Number 72 of 2016 concerning procedures for Equity Participation and Administration of State Capital in BUMN and Limited Liability Company, as an amendment to Government Regulation Number 44 of 2005 has not been fully comply with the principle of coherence with the above regulations namely Law Number 17 of 2003 concerning State Finance, Law Number 19 of 2003 concerning BUMN and Law Number 40 of 2007 concerning Limited Liability Companies. The purpose of this study is to find a concept of regulation and supervision the government on SOEs related to holding companies This research is normative with a statute approach and a conceptual approach. The results in this study are the need for legal reconstruction in BUMN where a law is needed that is central to regulate holding companies in Indonesia, where this law was born to provide related guidelines a mechanism for the formation, selection of the type of holding, and governance of State-Owned Enterprises in the form of Holding Company. The form of supervision on the implementation of BUMN holding in the future can be an integrated monitoring pattern is applied. In this supervision, 3 parties must be involved in a coordinated manner, namely the Parent Company Commissioner, the Supreme Audit Agency (BPK), and the Ministry of SOEs.
Re-Bounding Emergency Lawmaking in Indonesia: Constitutional Design, Parliamentary Oversight, Islamic Law Perspectives, and Accountability After COVID-19 Dian Furqani Tenrilawa; Achmad Ruslan; Aminuddin Ilmar; Marten Arie; Lily Bauw
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 13, No 1 (2026): January-June
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v13i1.10622

Abstract

Emergency governance repeatedly tests the constitutional separation of powers among the executive, legislature, and judiciary. Indonesia’s Constitution equips the President with an acceleration instrument—Government Regulations in Lieu of Law (Perppu)—while requiring parliamentary approval as a condition of democratic legitimacy. The COVID-19 pandemic exposed the tension embedded in this design: expert-driven demands for rapid action can widen executive discretion, whereas legislative and judicial oversight often cannot operate at ordinary speed. Using a normative juridical approach that combines constitutional doctrinal analysis, principle-based comparative assessment of emergency governance literature, and maqāṣid al-sharīʿah analysis, this study examines (i) the constitutional and statutory framework governing Perppu and emergency administration, (ii) the ways crisis governance reshapes executive–legislative relations, and (iii) institutional design features capable of reconciling rapid decision-making with democratic accountability. It argues that Indonesia should move from an event-based notion of “emergency” toward a constrained decision-making architecture anchored in sunset clauses, strengthened post-decision parliamentary scrutiny, transparent proportionality reasoning, and expedited constitutional review. The article proposes an Emergency Lawmaking Accountability Framework operationalized through mandatory reporting, oversight triggers, and audit-ready documentation of necessity assessments and rights impacts, aiming to preserve crisis responsiveness while reinforcing checks and balances and reducing incentives for executive aggrandizement in future emergencies. The article further situates the Framework within Islamic legal tradition—specifically the doctrines of darūrah (necessity), maqāṣid al-sharīʿah (objectives of Islamic law), and al-maslahat al-ʿāmmah (public interest)—arguing that Islamic jurisprudence independently supports the normative requirements of bounded emergency governance: necessity must be proportionate and time-limited, power must serve the public welfare (hifz al-nafs, hifz al-māl), and those who exercise authority must do so transparently and accountably (amānah). This contextualized Islamic law dimension both enriches and legitimises the proposed reform framework within Indonesia’s Muslim-majority constitutional democracy