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

State Conflicts of Interest: Comparative Governance of Indonesian SOEs and Singaporean GLCs

Marentino Narade (Faculty of Law, University of Indonesia, Indonesia)



Article Info

Publish Date
03 Jun 2026

Abstract

This article examines structural dissonance in the governance of Indonesian state-owned enterprises following the enactment of Law Number 16 of 2025, which establishes the BPI Danantara superholding. Operating under a doctrinal legal methodology with a functional comparative approach against Temasek Holdings in Singapore, this study investigates the dogmatic conflict between the Business Judgment Rule and public finance law. The findings reveal that the current legislative framework creates a legal illusion of corporate autonomy. The retention of absolute veto rights through the Golden Share perpetuates political agency costs and nullifies the separate legal entity doctrine. Consequently, state corporate executives remain highly vulnerable to criminal liability under corruption laws for pure business losses. This induces a deeply systemic conservative bias. To resolve this institutional prematurity, this study urges the immediate codification of a Lex Specialis Sovereign Wealth Fund that formally ratifies the Santiago Principles, guarantees constitutional insulation, and establishes independent oversight mechanisms.

Copyrights © 2026






Journal Info

Abbrev

JOLIL

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Legitimacy: Journal of Law and Islamic Law is a peer-reviewed academic journal dedicated to the advancement of scholarship in both legal studies and Islamic legal studies. Published three times annually in January, June, and August the journal serves as a comprehensive platform for the dissemination ...