2019
DOI: 10.25216/jhp.8.1.2019.149-165
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State-Owned Enterprises and Economic Constitutions: A Case Study of Judicial Review of Law NO.19 of 2003

Abstract: The purpose of this study seeks to uncover the meaning of Law No. 19 of 2003 and Article 33 of the 1945 Constitution of the Republic of Indonesia, and identify the essence of the roles and functions of SOEs in implementing the economic constitution. The study of SOEs in the realm of constitutional economics is seen as very important as a reflection of the rapid change in national and global economic development. The findings of the study lead to the philosophical understanding of economic constitution for the … Show more

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Cited by 6 publications
(3 citation statements)
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“…These pillars underlie the principles of corporate governance according to the OECD, namely the rights of shareholders, fair treatment to shareholders, the role of stakeholders in corporate governance, disclosure and transparency, and the responsibilities of the board of directors (Sulistiyanto and Prapti, 2003;Fujianti, 2018). Corporate governance has one of the most important elements where management ownership is clearly controlled both in private sector and state-owned enterprises (Trihatmoko, 2019). This concerns that trust in corporate governance is related to the amount of share ownership, where high ownership will increase suspicion of conflicts of interest in managing the company.…”
Section: Introductionmentioning
confidence: 99%
“…These pillars underlie the principles of corporate governance according to the OECD, namely the rights of shareholders, fair treatment to shareholders, the role of stakeholders in corporate governance, disclosure and transparency, and the responsibilities of the board of directors (Sulistiyanto and Prapti, 2003;Fujianti, 2018). Corporate governance has one of the most important elements where management ownership is clearly controlled both in private sector and state-owned enterprises (Trihatmoko, 2019). This concerns that trust in corporate governance is related to the amount of share ownership, where high ownership will increase suspicion of conflicts of interest in managing the company.…”
Section: Introductionmentioning
confidence: 99%
“…However, the two studies have not considered how the differences in conservatism in state‐owned enterprises (SOEs) either privatized (go public) or not/not privatized, while even though many have shown benefits by privatizing SOES (Furqan et al, 2018; Omran, 2009; Tsamenyi et al, 2010; Wahyuni, 2011), but the impact of privatization on the performance of SOEs is still being debated by several parties (Aivazian et al, 2005; Ng et al, 2009; Trihatmoko, 2019; Tsamenyi et al, 2010). Aivazian et al (2005) asserted that without even privatizing, reforms to governance in SOEs have been effective in improving the performance of SOEs.…”
Section: Introductionmentioning
confidence: 99%
“…One of the efforts of the government or the state in order to develop the national economy is the establishment of SOEs, which are legal entities as regulated in Law No. 19 of 2003 concerning State-Owned Enterprises, herein after referred to as SOE Law, which has a strategic position for improving people's welfare (Trihatmoko, 2019). In order for the government to run well, the state established SOEs to work on the natural wealth for the prosperity of the people (Arta, 2017).…”
Section: Introductionmentioning
confidence: 99%