PENATAAN KEWENANGAN MENTERI BADAN USAHA MILIK NEGARA DALAM PENETAPAN KOMISARIS BADAN USAHA MILIK NEGARA

Abstract

As a rule of law based on the values of Pancasila and the 1945 Constitution of
the Republic of Indonesia, State-Owned Enterprises (BUMN) as part of separated state
assets are in order to carry out the function of state prosperity and welfare by using the
concept of a welfare state approach. which is mandated by the Constitution Article 33
Paragraph (2) and Paragraph (3) of the 1945 Constitution. With the very vital role of
commissioners in the company, the non-optimization of the board of commissioners in
the BUMN structure will indirectly reduce the quality of BUMN in achieving BUMN
goals.With the phenomenon of multiple positions, the appointment of ex-convicts in
corruption cases as commissioners of BUMN, and the determination of BUMN
commissioners from non-professional circles suspected of being politically appointed,
show and the need for structuring the authority of the BUMN minister in determining
the appointment of BUMN commissioners.
This research was conducted with the type of normative juridical research,
namely research carried out by examining secondary legal materials or research based
on standardized rules that have been recorded which is also called, with doctrinal
research or library research.
Research results, The first is the authority of the Minister of BUMN in
assigning commissioners to BUMN which is attributive (original). The second is
the need for the role of the state in carrying out government functions in structuring the
authority of the Minister of BUMN in determining BUMN commissioners and
strengthening the principles of good corporate governance. Suggestions from the
authorFirst, it is expected that the Minister of BUMN will appoint a BUMN
commissioner based on the criteria has been determined. Second, according to the
author,According to the author, the requirements and procedures for appointing
and dismissing members of the BUMN board of commissioners must be regulated
in the form of a law so that these rules are more binding,and the government action
taken by the BUMN minister to appoint a BUMN commissioner must be seen as
agoverment action so that it remains the object of supervision of the House of
Representatives (DPR).
Keywords :Authority, Minister, Commissioner and State-owned enterprises