[Unpad.ac.id, 7/05/2014] In contrast to State-Owned Enterprises (BUMN) in the form of Bureau Company and Public Company, BUMN asset which is in the form of Persero Company is separated from the country’s wealth. This is in accordance with that stated in the Law of BUMN in 1969.
Thus stated by the Professor of Law Firms Faculty of Law University of Indonesia, Prof. Dr. Felix O. Soebagjo, SH, LLM., when speaking at a national seminar of Legal Certainty Management of BUMN asset In Order to Achieve an Independence of BUMN. The event is organized by the Civil Law Section Faculty of Law (FH), Unpad in collaboration with PT Pelabuhan Indonesia (Persero) in the Hotel Savoy Homann Bidakara, Wednesday (7/05).
“PT Persero Asset is not a state asset, PT Persero wealth is not a state property, but it is an asset and wealth from PT Persero itself. The obligation of PT Persero is not the obligation of the state, the advantage of PT Persero is not the advantage of the state, but the obligation and benefit of PT Persero, “explains Prof. Felix.
Prof. Felix revealed that as a legal entity, Persero Company reserves the right to do its own legal action. If losses, that loss is a loss of Persero Company as a legal entity, not a loss of corporation shareholders, although holding 100% shares. This also applies to accounts payable and receivable experienced by PT Persero.
However, various problems often arise related to it. Prof. Felix said that problems often arise because of many rules and regulations that are inconsistent, which stated that the business entity which get capital gain from the country, either is separated or not separated, the asset is the state asset. According to him, it can be anticipated, depending on who runs it.
However, various problems often arise related to it. Prof. Felix said that problems often arise because of many rules and regulations that are inconsistent, which stated that the business entity which get capital gain from the country, either is separated or not separated, the asset is the state asset. According to him, it can be anticipated, depending on who runs it.
Another speaker, Raja Oloan Saut Saut Gurning, ST., M.Sc., Ph.D., from the Institut Teknologi Sepuluh Nopember said that with the issuance of Law No.17/ 2008 on cruises, many changes are perceived. Among those are the investment opportunity given to both private investment and local government, as well as the establishment of the port authority. But the problem that arises is the port performance which has not been maximized due to the unclear port concession agreement that hamper the investment.
The occasion is also attended by, Ir. Adolf R. Tambunan (Director for Sea Traffic, Directorate General of Sea Transportation) as a speaker, Agus Hermawan, SH (Head of Legal Bureau Pelindo III), Dr. Zainal Muttaqien SH., MH., (Unpad FH Lecturer), and Wahyu Hidayat (Tanjung Priok Port Authority). The seminar is attended by hundreds of participants from representatives of several state universities, private universities, BUMN, as well as students from various levels. *
Reported by: Artanti Hendriyana / er *
