The study aims to analyze, first, the BUMN sub-holding loss as a state loss and secondly, the responsibility of the BUMN holding company for the BUMN sub-holding loss. There is a dualism in the conception of state assets that are separated from BUMN in Indonesian laws and regulations. The research methods was normative legal research with a statutory approach and a case approach. The shares of BUMN sub-holding don’t come from the state but come from the BUMN and also the public. The capital investment which it does by the BUMN holding company to the BUMN sub-holding doesn’t make the BUMN sub-holding become a BUMN. In the Group Company, the principle of a separate entity continues to apply which leads to the principle of limited liability holding as a subsidiary shareholder. However, if BUMN as the majority shareholder has the right to actively intervene and it is proven that there is control of the company, then the principle of piercing the corporate vision can be applied. So the BUMN holding company must be responsible for BUMN sub-holding because of the control carried out by these BUMN holding companies. The results show that the BUMN sub-holding loss isn’t state loss.
The study aims to analyze whether there is a state capture in making the Job Creation Law. Since the Job Creation Law was raised, many parties have criticized the existence of the Law because in the making of the Job Creation Law it is believed that it is more beneficial to employers, giving rise to an indication of state capture in its making. The research method used is a form of normative research with a statutory approach. The result shows that there is a state capture carried out by the authorities and employers in the making of the Job Creation Law. About 262 or 45.5 percent of the 575 House of Representatives members are affiliated with the company and therefore the regulations to be made more favorable for employers or investors while the welfare of workers is at stake. The rushed legislative process causes the values and aspirations of the people to be unable to be proportionally aggregated and accommodated, and this is certainly contrary to the principle of participation and the principle of openness as stipulated in the provisions of laws and regulations.
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