Nusantara: Journal Law and Islamic Law
Vol. 1 No. 2 (2026): Nusantara: Journal of Law and Islamic Law

The Policy on Appointing Former Directors of Bankrupt Companies as Directors of State-Owned Enterprises Viewed from the Principles of Good Corporate Governance

Muhammad Abduh (Universitas Pembangunan Nasional “Veteran” Jakarta)
Atik Winanti (Universitas Pembangunan Nasional “Veteran” Jakarta)
Irwan Triadi (Universitas Pembangunan Nasional “Veteran” Jakarta)



Article Info

Publish Date
21 Dec 2025

Abstract

This research analyzes the legal policy and validity of appointing former directors of bankrupt companies to the boards of State-Owned Enterprises (SOEs) under the principles of Good Corporate Governance (GCG). Utilizing a normative legal research method with statutory and case study approaches, the study specifically examines the appointment of Sigit Winarto as Director of PT JIEP following the bankruptcy of PT Istaka Karya. The findings demonstrate that such an appointment explicitly violates Article 93 of the Company Law in conjunction with Article 15 of the SOE Law, as it transpired within the mandatory five-year prohibition period without valid judicial rehabilitation. Consequently, the appointment is void ab initio due to substantive legal defects and contravenes the GCG principles of responsibility and accountability. Therefore, rigorous enforcement of administrative sanctions against the appointing authorities is imperative to safeguard the integrity of state asset management and to ensure legal certainty and public trust in the professionalism of SOE governance in Indonesia.

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Journal Info

Abbrev

nusantara

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Nusantara: Journal of Law and Islamic Law is a peer-reviewed, open-access scholarly journal dedicated to the advancement of legal scholarship at the intersection of general law and Islamic jurisprudence. The journal aims to foster a rigorous intellectual dialogue between the unique legal traditions ...