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Are BUMN/State-Owned Enterprises (SOES) Hybrid Organizations? Indrawati, Yuli
Pandecta Research Law Journal Vol 15, No 1 (2020): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v15i1.24193

The organization is now well developed. The organization does not only consist of public and private organizations, but also mixed organizations (hybrid organizations). And itÃ¢â‚¬â„¢s influence to the organizations of State-Owned Enterprises (SOEs) as stated in the legal considerations of Constitutional Court (MK) Decision Nr. 48 and 62 / PUU-XI /2013 that exclaims that SOEs are private legal entities that carry out public duties. Referring to this matter, (a) elements of hybridity in SOEs, (b) benefits and risks in the form of hybrid SOE organizations, (c) the concept of hybridity in increasing the achievements of SOE objectives. By using an analytical approach and legislation results that based on the characteristics of BUMNs are categorized as hybrid organizations. As a hybrid organization has benefits and risks as a result of the influence of the public and private elements. The greatness of the benefits and risks of hybrid organizations is inversely proportional to the size comparison of public and private elements. The hybrid concept at Perum (Public Company) which aims for public benefit is a balanced public element with a private element. Whereas for Persero (State Company) that has commercial aims, the private element must be more dominant to create flexibility that drives the development of the Company. It is recommended that the concept of hybridity in SOEs must be adapted to the form of the company and the objectives of the company.

Interpreting Fiscal Risk for Lack of Bank Indonesiaâ€™s Capital Indrawati, Yuli
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.8712

The research is focused on determining the government's obligation to meet the shortage of capital of Bank Indonesia (BI), as the central bank, in the National State Budget (APBN). The research analyzes the basis of the government's obligation to meet BI's lack of capital and a mechanism for fulfilling the government's obligations to cover BI deficiencies in line with the objectives of the APBN. This study uses a normative legal research method with a statute, interdisciplinary, and analytical approach. The result shows that the government's obligation to suffice BI's capital is intended to maintain BI's sustainability so that BI can continue to carry out its responsibilities and obligations to maintain monetary stability. Monetary stability has implications for economic stability and increases in people's welfare. In addition, the fulfilment of government obligations is contingent, limited and final. This obligation will only be born if BI is no longer able to overcome the lack of capital. The cause of the lack of capital is beyond BI's control, as evidenced by the results of an examination by the Supreme Audit Agency and requires the approval of the House of Representatives.

The Concept of Additional State Capital to Cover the Lack of Capital in the Indonesian Investment Management Agency (LPI): Konsep Penambahan Modal Negara untuk Menutup Kekurangan Modal Lembaga Pengelola Investasi Indrawati, Yuli
Jurnal Konstitusi Vol. 20 No. 4 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2048

The Investment Management Agency (LPI) is a sui generis institution managing long-term investment in Indonesia. This investment carries high business risks. UU Cipta Kerja and PP LPI regulates that should a loss that reduces the initial capital by 50%, the Government “can” increase the capital of LPI. The research problems are the concept of increasing capital to cover LPI’s initial capital shortage and its supporting mechanism to achieve state goals. This research uses a normative juridical method with a multi-disciplinary approach. The results are that the Constitutional Court as “the Guardian of the Constitution” must emphasize the concept of additional capital to cover LPI’s capital shortage must be interpreted, that the State is “obligated” to cover capital shortage as long as the existence of LPI is deemed necessary to add significant value for revenue. The approval from DPR is required to increase LPI capital, in order to achieve state goals.

Quo Vadis Authority to Manage Public Agency Credits by The State Credits Affairs Committee (PUPN) Indrawati, Yuli
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

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.

Analisis Penyebab Internal dan Eksternal dalam Fraudulent Financial Reporting: Studi Tinjauan Literatur Fahrani, Andini Resa; Lestari, Adelia Sri; Putri, Nursela Rahma; Pasha, Nova Ayunda; Indrawati, Yuli; Halimah, Siti Nur
Reviu Akuntansi, Manajemen, dan Bisnis Vol. 4 No. 2 (2024): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/rambis.v4i2.3682

Purpose: This research aims to analyze the internal and external causes that contribute to the occurrence of fraudulent financial reporting through a literature review, focusing on trends, developments, and under-explored areas.Methodology: This study analyzes 100 journals discussing the analysis of internal and external causes in fraudulent financial reporting from 2000 to 2024, sourced from reputable publishers. The research uses a systematic mapping study to identify, map, and categorize topics, methods, and source disciplines in fraudulent financial reporting research.Results: This study found that financial statement fraud is driven by a combination of internal factors (poor leadership, management dominance, lack of supervision, unrealistic targets, and excessive incentives) and external factors (financial pressures, rapid growth, and stock price pressure). The key finding is the interaction between these factors that triggers fraud.Conclusions: This study identifies internal and external factors, such as poor leadership, management dominance, and financial pressure, that trigger fraudulent financial reporting. It highlights the need for stronger governance and oversight to prevent FFR.Limitations: The study is based solely on a literature review of journals from 2000 to 2024, which may limit the scope of the research to the trends and findings presented in those publications.Contribution: The novelty of this study lies in highlighting the interaction between internal and external factors in fraudulent financial reporting and the need to strengthen regulatory oversight and corporate governance to prevent it.

Implications of State Position Dualism on the Financial Settlement of PT Garuda Indonesia (Persero) Tbk. Indrawati, Yuli
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

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.

INDEPENDENCE OF BANK INDONESIA POST LAW NO. 4 OF 2023 ON DEVELOPMENT AND STRENGTHENING OF THE FINANCIAL SECTOR Indrawati, Yuli
Journal of Central Banking Law and Institutions Vol. 4 No. 2 (2025)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v4i2.280

Economic conditions following the COVID-19 pandemic have impacted the financial sector’s condition. Considering how vital the financial sector is for both the economy and people’s lives, the government has enacted the Law on Development and the Strengthening of the Financial Sector (Law on P2SK), which amended and/or repealed several regulations related to the financial sector, including changes affecting Bank Indonesia. The Law on P2SK stipulates that Bank Indonesia is an independent state institution with the authority to carry out its mandate, free from interference from the government and/or other parties, except for some issues expressly regulated by this law. The phrase “except for certain matters which are expressly regulated by this law” means there is a potential threat to BI’s independence. For this reason, it is necessary to study further the implications of the regulations in the P2SK Law on BI’s independence. The benchmarks are institutional, organisational, political, and financial independence. The research method that was used was doctrinal. The results show that under the Law on P2SK, there is a change in the level of autonomy from the institutional, functional, and organisational standpoints. These changes will indeed affect BI’s ability to achieve its goals.

The Concept of Land Management by State-Owned Enterprises (SOE’s) Indrawati, Yuli
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

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.

The Influence of Leadership Style and Job Satisfaction on Productivity at PT. Mayora Indah Tbk in West Jakarta Indrawati, Yuli; Sulaeman, Asep
International Journal of Social Sciences Vol. 1 No. 1 (2025): IJSS: International Journal of Social Sciences
Publisher : STEBIS Bina Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51805/ijss.v1i1.317

This research aims to determine the influence of leadership style and job satisfaction on employee productivity at PT Mayora Indah Tbk in West Jakarta, both partially and simultaneously. The research used an associative quantitative method with a saturated sampling technique involving 45 respondents. Data analysis includes instrument testing, classical assumption testing, simple linear regression, multiple linear regression, correlation coefficient, coefficient of determination, as well as hypothesis testing via the t test and F test. The results of the analysis show that leadership style partially has a positive effect on employee productivity, with the simple linear regression equation Y = 15.900 + 0.256X1. A correlation coefficient value of 0.465 indicates a strong relationship, and a coefficient of determination of 21.6% indicates that employee productivity is influenced by leadership style by that percentage. The t test produces tcount > ttable (3.638 > 1.301) and is significant at p < 0.05 (0.001 < 0.05), so Ho is rejected and Ha is accepted. Partial job satisfaction also has a positive effect on employee productivity, with the regression equation Y = 15,900 + 0.200X2. A correlation coefficient of 0.281 indicates a moderate relationship, and a coefficient of determination of 7.9% indicates the contribution of the job satisfaction variable to productivity. The t test produces tcount > ttable (2.195 > 1.301) and is significant at p < 0.05 (0.034 < 0.05), so Ho is rejected and Ha is accepted. Simultaneously, leadership style and job satisfaction have a significant effect on employee productivity with the multiple linear regression equation Y = 15.900 + 0.256X1 + 0.200X2 The simultaneous correlation coefficient of 0.607 shows a very strong relationship, with a coefficient of determination of 33.9%. The F test produces Fcount > Ftable (12.273 > 3.22) and is significant at p < 0.05 (0.000 < 0.05), so Ho is rejected and Ha is accepted. This research proves that both leadership style and job satisfaction, partially or simultaneously, have a significant effect on employee productivity.

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

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.

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