Kajian Yuridis Bentuk Hukum Badan USAha Milik Daerah (Bumd) di Bidang Perbankan Pasca Berlakunya Undang-undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah

Dhimas Tetuko Kusumo • Munawar Kholil • Al. Sentot Sudarwanto
Journal article Privat Law • June 2016

Abstract

This study aimed to determine the regulation of Regional Owned Enterprises in banking sector and the juridical implication after the enactment of Act Number 23 of 2014 on Local Government.This study is a doctrinal or normative study which assemble of primary data and secondary data. The technique for collecting the data used in this study is literature study. Act Number 23 of 2004 on Local Government regulates terms of Regional Owned Enterprises regarding definition, purpose, establishment foundation, capital resources, legal form, and management. Regional Owned Enterprises in banking sector in terms of licensing, establishment, capital resources, legal form, purpose, and governance based on Act Number 23 of 2014 on Local Government and Act Number 7 of 1992 on Banking as it has been amended to Act Number 10 of 1998 and Act Number 23 of 2014 on Local Government. The Juridical Consequences from the enactment of Act Number 23 of 2014 on Local Government towards legal form of Regional Owned Enterprises in banking sector during the transition period is a maximum of 3 years after 2nd October 2014, after the enactment and validity of Act Number 23 of 2014 about Local Government, to Regional Owned Enterprises in banking sector which is still organized as Regional Company continues to be acknowledged and given time to change the legal form in accordance with Article 331 paragraph(3) of Act Number 23 of 2014 on Local Government. The appropriate legal form with Regional Owned Enterprises in banking sector is Regional Company. Regional Limited Liability Company as Limited Liability Company with a wholly or 51 % of its shares is owned by the region that is subject to the Act Number 40 of 2007 about Limited Liability Company. This kind of Regional Public Company is not suitable to be applied to Regional Owned Enterprises in banking sector where the concept of banking business is nota vital sector or it does not affect the livelihood of many people.

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Privat Law

Privat Law is an annual law review published by Sebelas Maret University in Indonesia. It publish... see more