scholarly journals Reformulation of the Function of the Board of Directors as an Organ of Persero Company in the Framework of Legal Development

2022 ◽  
Vol 4 (1) ◽  
pp. 01-05
Author(s):  
Ravi Verdira ◽  
Susanto ◽  
Siti Hamidah Djumikasih

This article discusses the urgency of reformulation of the function of the Board of Directors as an organ of persero company in carrying out the company's business activities to obtain profits that are further deposited to the state as non-tax state revenues. This research is normative research. The results of this study show that the transfer and guarantee actions carried out by Directors against persero's assets are one form of legally valid management as long as it is in accordance with the laws and regulations, its basic budget and the interests of persero. In order to achieve legal certainty, it is necessary to reformulate the function of the Board of Directors of Persero in the laws and regulations into the function of management, ownership and representing persero both in and in court as long as it is in accordance with the laws and/or articles of association of Persero.

2021 ◽  
Vol 5 (2) ◽  
Author(s):  
Lorence Maydiana Harianja

Abstrak. Pembentukan Holding Company oleh Badan Usaha Milik Negara adalah salah satu upaya pemerintah untuk meningkatkan kinerja Badan Usaha Milik Negara. PT. Semen Indonesia (Persero), Tbk merupakan holding company Badan Usaha Milik Negara yang memiliki jenis usaha pada sektor semen. Diketahui, direksi PT. Semen Indonesia (Persero), Tbk memiliki jabatan rangkap pada anak perusahaan. Jabatan rangkap tersebut adalah salah satu kebijakan yang tertuang dalam Peraturan Menteri Bada Usaha Milik Negara. Hal ini menimbulkan polemik oleh beberapa pihak karena kebijakan tersebut bertentangan dengan peraturan perundang-undangan lainnya dan mengakibatkan persaingan usaha yang tidak sehat. Kebijakan yang tertuang dalam peraturan hendaknya selaras dengan peraturan perundang-undangan yang lebih tinggi agar tidak menimbulkan kekacauan hukum.Abstact. The formation of holding company by State Owned Enterprises is one of the government’s efforts to improve the performance of the State Owned Enterprises. PT. Semen Indonesia (Persero), Tbk is a State Owned Enterprises holding company and it has a business in cement sector. For known, the board of directors of PT. Semen Indonesia (Persero), Tbk has concurrent positions in the subsidiary. This dual position is one of the policies set forth in the Regulation of Minister of State Owned Enterprises. This resulted in a polemic by several parties because the policy was against other laws and regulations and resulted in unfair business competition. Policies contained in regulations should be in line with higher legislative regulations so it is not cause legal confusion.


Author(s):  
David K. Jones

The fight over an exchange had a very different dynamic in New Mexico because there were no loud voices on the right calling for the state to reject control. Republican Governor Susanna Martinez supported retaining control, but strongly preferred a governance model that allowed insurers to serve on the board of directors and limited the degree of oversight by the board on the types of plans that could be sold on the exchange. Governor Martinez vetoed legislation in 2011 that would have set up a different model of an exchange. Institutional quirks meant the legislature did not have the opportunity to weigh in again for two years, until 2013. By this point it was too late and the state had to rely on the federal website despite passing legislation to run its own exchange.


Author(s):  
Jun aidi ◽  
Nurd iono ◽  
Ahmad Rifai ◽  
Icuk Rangga Bawano

This study examines the effect of good corporate governance and sustainability report on company performance. Good corporate governance is dependent on the size of the board of directors, the proportion of independent commissioners, the size of the audit committee, institutional ownership, management ownership. Sustainability report is facilitated by economic, environmental and social aspect as well as disclosure index. While Company performance is generated by Return on Assets (ROA). This research was conducted on companies listed on the Indonesia Stock Exchange between 2014-2018. The purposive sampling technique was used. Hypothesis testing was done by linear regression analysis. The results of testing the first variable showed that institutional ownership affects ROA and has a negative relationship direction. While the size of the board of directors, the proportion of independent directors, the size of the audit committee, and management ownership have no effect on ROA. However, the result of the second variable showed that the disclosure of economic aspects affects ROA and has a positive relationship direction. While disclosure of environmental and social aspects does not affect ROA.


1985 ◽  
Vol 32 (7) ◽  
pp. 33

Montana position paper on computer use. A position paper on the use of the computer in the mathematics classroom has been developed by a committee of the Montana Council of Teachers of Mathematics. The paper addresses five major issues identified by the committee and states the position of the council on each of these issues. The board of directors of the Montana council and the council-at-large adopted the position paper at their statewide conference in October 1984, and it is being distributed throughout the state. Copies of the position paper can be obtained from Richard Billstein, Mathematics Department, University of Montana, Missoula, MT 59801 (406/243–2603).


1998 ◽  
Vol 32 (1) ◽  
pp. 139-178
Author(s):  
Omi Morgenstern Leissner

Israel Women's Network v. The Government of Israel (1994) 48(v) P.D. 501The petitioner, the Israel Women's Network, petitioned the Supreme Court of Justice against the appointment of a new member to the Ports and Railways Council and against the appointment of two new directors on behalf of the State to the board of directors of the State-controlled Oil Refinery. All three of the new appointees were men, such that neither of the two councils included a single woman in their composition. The petitioner disputed the constitutionality of these appointments arguing that in the particular circumstances and in line with sec. 18A of the Government Companies Law, the appointees ought to have been women. By a majority decision the Supreme Court held that the respondent did not fulfill the duty of affirmative action required by sec. 18A of the Law, and that the cancellation of the appointments made was justified.


2018 ◽  
Vol 2 (02) ◽  
Author(s):  
R. Haryo Wiratama Adi ◽  
Inggriani Elim

Non-tax state revenues are sources of Indonesian state revenues originating from levies paid by individuals or entities, where all proceeds of such revenues are managed by the government in which the proceeds from the direct or indirect benefits of services and utilization of resources and rights obtained from the state, based on taxation legislation. The purpose of this study is to ensure that government bureaucracy (governance) punishes achieving goals by implementing risk management and control. BPKP as an APIP that has authority based on the law and presidential regulation in the management of PNBP, must be proactive, initiative, anticipative to help formulate, plan, implement policies for monitoring PNBP management.Keywords: government internal control apparatus, goverment, regulation in the managemeent of PNBP


1973 ◽  
Vol 20 (2) ◽  
pp. 159

NCTM members are urged to vote for president-elect and members for the Board of Directors. The state of candidates is given below.


to-ra ◽  
2015 ◽  
Vol 1 (1) ◽  
pp. 30
Author(s):  
Henry Donald Lumban Toruan

Determination of Directors of state-owned company as perpetrators of corruption that cause financial loss to the state being debated. Actions in the framework of the management of the company's Board of Directors conduct business relationships with other companies is intended pursuit for profit purposes set forth in the articles of association of the company. If the state-owned company suffered losses in the business relationship, then it becomes a loss to the state even after careful and responsible as set out in the Company Law. Unfortunately the state losses at state- owned company made an unlawful act of corruption in the Corruption Eradication Act (Act PTPK). Establishes the Board of Directors as a subject perpetrators of corruption in PTPK Law, caused the expansion of the formulation of the notion of public servants, not just civil servants who are subject to the Civil Service Act but also includes those who receive salaries and wages of state finance or state facilities. In terms of state-owned company is a legal entity which has the property that is separate from its shareholders. When capital from state financial aid is included in the state-owned company in the form of capital stock, the capital instantly become the company's wealth. If any damage occurs as a result of the company's business relationships, then it becomes a loss company. Shareholders are only responsible for the loss of shares owned by the company.   Kata kunci: Kerugian perseroan BUMN bukan kerugian keuangan Negara


Author(s):  
Iwan Permadi ◽  
Kusmono Kusmono ◽  
Sihabudin Sihabudin ◽  
Heru Ratno Hadi

Business is a risk. There is no guarantee the business is run By the board of Directors who will always bring profit. One day profit, no profit, and another time can lose. When business decisions are taken by the board of Directors losses especially in significant amounts can be ascertained will happen nervousness on the board of Directors of the Company. State-Owned Enterprises established for business purposes in the full operation of risk. Law No. 19 of 2003 concerning State-Owned Enterprises does not regulate the protection of the Board of Directors of the Company, meanwhile, Law No. 40 of 2007 on Limited Liability Companies regulation of the protection of the Board of Directors of its implementation gives rise to multi-interpretation. Business decisions made by the Board of Directors of the Company in accordance with the principles of Business Judgement Rule are business risk, should get legal protection. The purpose of this research is to find out the weaknesses of this legal protection. This research includes normative legal research with a statutory approach with The analysis technique in this research is investigation strategy. The results show that there is no legal certainty regarding business decisions taken by Directors who experience losses in business transactions so that the Government / DPR must amend the BUMN Law by adding articles on the legal protection of the Directors of Persero.


1953 ◽  
Vol 46 (4) ◽  
pp. 297-298
Author(s):  
Ida May Bernhard

In April, 1952, the Board of Directors of the Ford Foundation's Fund for the Advancement of Education offered to finance a five-year program of teacher education in the state of Arkansas. Several months later, Arkansas educators submitted a tentative plan for this program which was accepted by representatives of the Ford Foundation.


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