Siyasah Dusturiyah: State Law Review
Vol. 1 No. 4 (2026): Siyasah Dusturiyah: State Law Review

Institutionalizing Competitive Neutrality Through Absolute Separation Doctrines: An ASEAN Comprehensive Comparative Study

Siti Kamilatuz Zahra (Raden Intan State Islamic University Lampung, Indonesia)



Article Info

Publish Date
31 Jan 2026

Abstract

This article evaluates the legal implications of the recent institutional transformation from the Ministry of State Owned Enterprises to the Regulatory Agency in Indonesia under Law Number 16 of 2025. Employing normative legal research alongside comparative analysis with Khazanah in Malaysia and Temasek in Singapore, this study dissects the persistent structural conflict between public regulatory functions and commercial ownership rights. Findings explicitly reveal that the new agency framework remains a superficial administrative illusion that completely fails to mitigate agency costs. By consolidating regulatory and shareholder powers within a single entity, the reform perpetuates corporate identity crises and severely undermines the Business Judgment Rule protections for state corporate directors. Consequently, to achieve genuine competitive neutrality and absolute managerial autonomy, this article proposes adopting a radical twin track model. This progressive framework necessitates delegating regulatory authority to technical ministries while permanently transferring commercial state ownership to a fully independent super holding company.

Copyrights © 2026






Journal Info

Abbrev

SDLR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Siyasah Dusturiyah: State Law Review focuses on studying and developing constitutional law, political law, and governance from both Islamic and comparative perspectives. The journal provides a platform for scholarly discussion and critical analysis of constitutionalism, state institutions, ...