Civil Rights of State-Owned Enterprises in Managing Rights to State Land

Abstract

State-Owned Enterprise (SOE) is a public legal entity whose majority of shares belong to state assets. SOE is a business entity generally subject to Law Number 40 of 2007 concerning Limited Liability Company, acting as a civil subject in the private law domain. In the management of state land by SOEs, there are multiple interpretations concerning the definition of state land and its management concept. The problem in this research is related to regulating the civil rights of SOEs in managing state land. This is a descriptive study using a normative legal approach and qualitative data analysis. The problem discussed was the civil rights of SOEs in managing state land due to their authority in managing state land. This research describes how to regulate the SOEs’ civil rights in managing state land descriptively using a normative legal approach and qualitative data analysis. The problem discussed was the civil rights of SOEs in managing state land due to their authority in managing state land. The results indicate that SOEs have differences in civil rights arrangements compared to other private legal entities because of the public nature attached to SOEs and their submission to Law on Limited Liability Company. In the practice of SOEs, the characteristics of a public company are more apparent than the characteristics of a private company. Due to their form of ownership, the civil rights of SOEs are the same as other private legal entities. There is a disharmony of regulations related to the position of civil rights of SOEs in the management of state land. To avoid such disharmony, there needs to be a formulation of a new and consistent legal arrangement established by the Indonesian Government.