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BADAN USAHA MILIK NEGARA

BADAN USAHA MILIK NEGARA

 

Pemerintah atau Negara sama halnya dengan subyek hukum yang lain, juga dapat melakukan perbuatan hukum dengan menginvestasikan sejumlah modal dalam bentuk usaha perniagaan atau perdagangan. Di Indonesia terdapat berbagai bentuk Badan Usaha Milik Negara (BUMN) yang dahulu lebih dikenal dengan nama Perusahaan Negara (PN). Pada masa yang lampau, sebelum tahun 1960, terdapat beberapa bentuk Perusahaan Negara yang diatur dalam berbagai peraturan produk Pemerintah Hindia Belanda, seperti: Jawatan Pegadaian, Jawatan Kereta Api, Perusahaan Garam dan Soda Negeri berdasar Indonesische Bedrijven Wet (IBW) Stbld.. 1927 nr. 419 yang telah mengalami beberapa kali perubahan dalam tahun 1929, 1939, 1954 dan 1955. Perusahaan Percetakan Negara, Perusahaan Listrik Negara, Air Minum Negara berdasarkan Indonesische Comptabiliteits Wet (ICW) menurut Stbld. 1864 nr. 106 (diumumkan dengan Stbld. 1925 nr. 448 dan terakhir diubah dengan LN. 1948 no. 334).

Berkembangnya perusahaan – perusahaan negara sekitar tahun 1960, diawali dengan serangkaian tindakan nasionalisasi perusahaan swasta milik pemerintah Belanda atau perusahaan asing yang dilakukan oleh Pemerintah Indonesia. Tindakan nasionalisasi terhadap perusahaan – perusahaan Belanda dan perusahaan asing lainnya dilakukan berdasarkan Undang – Undang Nomor 86 Tahun 1958 Tentang Nasionalisasi Perusahaan Swasta Belanda/Asing. Dalam pertimbangannya, Pemerintah Indonesia memandang perlu adanya perusahaan – perusahaan berbentuk Perusahaan Negara yang mampu mengantikan penanganan dan pengelolaan (management) perusahaan – perusahaan milik Belanda dan milik pihak asing yang dinasionalisasikan tersebut.

Pada tahun 1960, diterbitkan Peraturan Pemerintah Pengganti Undang – Undang (Perpu) Nomor 19 Tahun 1960 Tentang Perusahaan Negara. Dalam Pasal 1 Perpu tersebut menyebutkan bahwa yang dimaksud dengan Perusahaan Negara adalah semua perusahaan dalam bentuk apapun yang modalnya untuk seluruhnya merupakan kekayaan negara Republik Indonesia kecuali jika ditentukan lain dengan atau berdasarkan undang – undang.

Tahun 1967, Pemerintah Republik Indonesia mengeluarkan Instruksi Presiden (Inpres) Nomor 17 Tahun 1967 Tentang Pengarahan dan Penyederhanaan Perusahaan Negara kedalam Tiga Bentuk Pokok Usaha Negara. Tiga bentuk usaha negara tersebut, yaitu: 1) Perusahaan (negara) Jawatan (Departemental Agency) disingkat PERJAN, 2) Perusahaan (negara) Umum (Public Corporation), disingkat PERUM, dan 3) Perusahaan (negara) persero (Public/State Company) disingkat PERSERO.

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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