This paper explains that the development of BUMN (state enterprises) as a corporation that carries out social and business missions is facing constitutional juridical problems and facing the challenges of globalization. Factually, at this time legal development cannot be separated from the influence of globalization. Globalization in the economic field has affected various fields of the business sector in the world. This globalization is followed by the globalization of law, which causes substantially various laws and agreements to spread across national borders, which causes the merging of legal principles (especially in the economic sector) from one country to another . For Indonesia, the logical consequence of this development is the demand to harmonize the principles of economic law in Indonesia, with the principles of economic law in the international world. Without harmonization, Indonesia can be ostracized in international business activities, because there is no certainty for legal protection for business and investment activities that are commonly carried out globally. The Constitutional Court in case number 48 / PUU-XI / 2013 and case No. 62 / PUU-X1 / 2013 dated May 22, 2013 decided that management BUMN must use the principle of Business Jugment Rule. In the ruling, it was also stated that state-owned finances were state finances. As a result, this ruling brings legal certainty about the position of finance of BUMN.
In developing the Business Judgment System for State-Owned Enterprises (SOEs, Persero) in Indonesian Economic Law, it is necessary to elaborate on the theory of the role of law in economic development. According to J.D. Mrs. Hart has three elements that must be developed in the legal system so that the law plays a role in economic development, namely predictability, stability, justice (fairness). The role of the law, basically refers to the main purpose of the law, which is to create an orderly society. Order and balance in society need to be achieved, so that human interests will be protected in achieving their goals. In general, the law functions to divide rights and obligations, regulate how to solve legal problems and maintain legal certainty. The role of the law basically refers to the main objective of the law, which is to create an orderly society. Order and balance in society need to be achieved, so that human interests will be protected in achieving their goals. In general, the law functions to divide rights and obligations, regulate how to solve legal problems and maintain legal certainty. The focus of this paper is the interaction of Indonesian corporate law in the Indonesian Economic Law system in the management of state-owned enterprises, as one of the corporations with legal status to be able to compete globally, because this principle is a universal principle. Corporate law and globalization interact in the same social space and interests. With these interactions, it allows various possibilities, such as integration, incoordination (partial merging), competition (each running alone), conflict (conflicting), and avoidance (one of the laws avoids the enforcement of other laws).
State owned enterprises (SOEs or BUMN) companies need management which generally emphasizes governance which is more concerned with the principles of efficiency and effectiveness. In reality, it is evident that in Indonesia state-owned companies have an enormous economic and social role, and are an extraordinary force and economic driver. In Singapore and Malaysia, SOEs also contribute greatly to economic activities. In Indonesia, SOEs are included in a number of diverse sectors or fields of business, from banking, energy, food, infrastructure, and transportation, both sea, land and air. A total of 118 SOEs in 2015 with a total assets of Rp5,395 trillion would certainly be able to make a greater contribution to economic growth in 2016 if they were able to synergize in managing the business sector. BUMN assets are also estimated to be greater through the SOE asset revaluation process. The Constitutional Court in case number 48 / PUU-XI / 2013 and case No. 62 / PUU-X1 / 2013 dated May 22, 2013 decided that management BUMN must use the principle of Business Jugment Rule. In the ruling, it was also stated that state owned finances were state finances. As a result, this ruling brings legal certainty about the position of finance of BUMN. This paper explains that the development of BUMN (state owned enterprises-SOEs) as a corporation that carries out social and business missions is facing constitutional juridical problems and facing the challenges of globalization. Factually, at this time legal development cannot be separated from the influence of globalization. Globalization in the economic field has affected various fields of the business sector in the world.
This study regarding the theoretical reflection of Islam-fascism and Darul Islam movement in Indonesia. History of Islam in Indonesia is also the history of power struggle (caliphate) which has not been completed until now. At that time Islam respecting plurality and respect the existing culture. The spirit of pluralism and tolerance enforced developed with enriched intellectual repertoire. Increasingly repressive and hegemonic states, bulldoze people across ethnic, class, and layers. Political regimentation of Suharto's New Order devastated spirit of nationality and humanity. Therefore, the intellectuals and the elite of Islam must find a way out of the crises of social, economic, and political ideology today, so that no reform has stagnated, so that this nation does not disintegrate. Giddens called political "third way" to emphasize the "no rights without responsibilities". In the era of the Prophet of Islam, "no rights without responsibilities" that accentuated in the Medina Charter, which guarantees the freedom, equality and justice. In the Islamic era Cordova, Spain, spirit and conception" Medina Charter" that then make their community a pluralistic, cosmopolitan, multicultural and universal, so they are willing to learn and accept everything of value from the experiences of other communities.
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