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All Journal Pandecta Jurnal Media Hukum Jurnal Ius Constituendum Unes Law Review JURNAL USM LAW REVIEW Jurnal Konstitusi Reviu Akuntansi, Manajemen, dan Bisnis Journal of Central Banking Law and Institutions IJSS: International Journal of Social
Yuli Indrawati, Yuli
Fakultas Hukum Universitas Indonesia
Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Journal : JURNAL USM LAW REVIEW

 1 
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

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) 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

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.  
Co-Authors Asep Sulaeman, Asep Fahrani, Andini Resa Halimah, Siti Nur Lestari, Adelia Sri Pasha, Nova Ayunda Putri, Nursela Rahma Yudhistira, Nizar