The losses of state-owned subsidiaries that are equal to state-owned enterprises in the perspective of corruption in indonesia after the third amendment to the law on state-owned enterprises

Abstract

Indonesia restructures State-Owned Enterprises (SOEs) in the form of a holding company through Government Regulation Number 44 of 2005 in conjunction with Government Regulation Number 72 of 2016 on the Procedures of Participation and Administration of state capital in SOEs and Limited Liability Companies. It is stipulated that the Subsidiaries of SOEs shall be treated in the same way as SOEs in performing public services or obtaining specific policies from the state, including natural resource management with certain treatment as applied to SOEs. This equality of treatment opens the possibility of equal treatment in terms of accountability between SOEs finances and Subsidiaries of State-Owned Enterprises finances. In early February 2025, the Representative Council of the Republic of Indonesia took a strategic step by ratifying the Revised Law on SOEs. There was a new provision that emphasized that SOEs losses were not state losses. The problem is, whether the act against the law by the Board of Directors of a Subsidiaries of SOEs that causes losses to a SOEs are a criminal act of corruption. The method of writing is normative. State finances in the explanation of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 on Corruption Eradication constitute all state assets arising from being in the control, management, and accountability of SOEs. Whereas the juridical between SOEs and SOEs is 2 (two) independent limited liability companies which have their own corporate organs as regulated in Law Number 40 of 2007 on Limited Liability Company so that the unlawful acts committed by the Board of Directors of Subsidiaries of SOEs Causing corporate losses is not a criminal act of corruption if it does not meet the criteria stipulated in the Circular of the Supreme Court Number 10 of 2020.