2013 (original) (raw)

USU LAW JOURNAL, 2016

Abstract

There is the difference in interpreting separated State’s assets. Many legal practitioners point out that separated State’s assets are corporations’ assets, but some of them point out that the assets of BUMN (State’s Owned Enterprises) are State’s assets because they come from State’s finance so that the Supreme Audit Agency has the authority to audit the assets of BUMN although . Concerning the assets of BUMN as an independent a corporation, and the status of the State as the capital owner, its position is only as a shareholder. According to the theory of legal entity, Public Accountant has the authority to audit the assets of BUMN as a corporation. The Institutional Court’s Ruling No. 48/PUU-XI/2013 does not pay attention to the position of BUMN whether it a public law or a private law. When a company has signed its memorandum of association before a Notary, private law is automatically in effect. The Constitutional Court in its Ruling No. 62/PUU-XI/2013 does not consider legal e...

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