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Istiyanti, Erni
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Law, Crime, Criminology & Criminal Justice

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Analisis Hukum Persaingan Terhadap Penyelenggaraan BUMN Berdasarkan Konsep Doktrin “Single Economic Entity” Istiyanti, Erni
Sanskara Hukum dan HAM Vol. 2 No. 03 (2024): Sanskara Hukum dan HAM (SHH)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/shh.v2i03.316

Abstract

The relationship between one company and its subsidiaries or other companies can be referred to as a single economic entity. The lack of freedom of the subsidiary causes the subsidiary to become a single economic entity. The impact of a single economic entity is that the behavior of each subsidiary is considered to be the same. This research aims to examine two things, First, the legal relationship between the parent and subsidiaries with regard to the concept of "single economic entity", especially with regard to the assets of BUMN that come from directly separated state assets; Second, the legal responsibility of the state as a shareholder in the event that there are indications of non-independence of BUMN subsidiaries that can lead to violations of Law No. 5/1999. This research method uses normative research methods with literature study methods. The results of this research show: First, the state becomes acta de jure gestionis (jus gestionis) meaning that the state can be held accountable in the general judicial body. The state or government will lose its immunity as the holder of state sovereign authority (iure imperi) if the State is involved in a business affair. Second, the financial accountability of BUMN is subject to Law No.40 /2007 concerning Limited Liability Companies, namely accountability at the RUPS of the state as a shareholder who has included its capital in a persero is only responsible for the amount of capital that has been included and the assets of the persero are separate from state finances.
Legal Implications for Cooperative Legal Entities That Have Been Declared Bankrupt by the Commercial Court Hakim, Luqman; Istiyanti, Erni
Sanskara Hukum dan HAM Vol. 2 No. 03 (2024): Sanskara Hukum dan HAM (SHH)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/shh.v2i03.366

Abstract

Problems in cooperatives are often in the management of cooperatives and businesses. This problem is because until now many cooperatives are managed by people who are not professional in their fields, so that the progressiveness of cooperatives is difficult to develop. The purpose of this study is to determine the legal implications of the Cooperative legal entity declared bankrupt by the Commercial Court. The research method used is normative legal research, namely legal research by examining legal data sourced from the literature related to the literature related to the topic of this research. The results of this study are the legal consequences of a legal entity being declared bankrupt by the Commercial Court, including: a) Bankruptcy against a Cooperative does not necessarily end with the liquidation and dissolution of the Cooperative legal entity; b) Cooperatives can still carry out legal activities; c) The curator specified in the bankruptcy decision shall immediately be tasked with administering and controlling the bankruptcy estate; d) Actio Paulina applies; c) The lease can be terminated; and d) Employees may be terminated (PHK).
Co-Authors Luqman Hakim