SOEs should not be subject to the State Finance Act and subject only to the Limited Liability Company Act, as set out in the decision of the Court in the case 77/PUU-IX/0211. So as to ensure the creation of harmonization and legal certainty in accordance with constitutional guarantees, should the articles of the Law on State Finance and Law CPC should be aligned with the decision of the Court, to ensure the creation of harmonization and legal certainty in accordance with constitutional guarantees.
Case as presented by the applicant in the preliminary hearing of the judicial review of Article 2 letter g and i is the Act (Act) No. 17 of 2003 on State Finance and Article 6, paragraph (1), Article 9, paragraph (1) letter b, Article 10 paragraph (1) and paragraph (3) letter b, and Article 11 letter a of Act 15 of 2006 on the State Audit Board. The lawsuit filed Forum Law State Owned Enterprises (SOEs) as well as two American citizens are Omay Komar and Wiraatmadja Sutrisno Sastroredjo, respectively former chief executive Kaltim Fertilizer and former President Director state-owned of Krakatau Steel.
Revise Request
The panel of judges led by Ahmad Fadlil Sumadi, Binsar jon Vic representing the Petitioner in this case number 62/PUU-XI/2013 describes a number of improvements have been done in accordance with the advice of constitutional judges in the previous session, (Monday, 17/06/2013 ). The improvements include clarifying the legal position as a state-owned institution Forum Law private law formally established based on Decree of the Minister of Justice and Human Rights. Described by Binsar, Legal Forum was formed by 142 state officials to facilitate the work of the state or unit that handles legal function within the state, so it is an integral part of the state.
The legal position of two former state chief executives who became the Petitioner in this case Binsar explains both taking legal standing as an individual citizen who in fact has constitutional rights due to the enactment two provisions of the Act. In the petition stated, due to the enactment clauses at issue in the two laws, both Petitioner never felt the seat defendant in court on charges of corruption, although in the end the court stated the applicant was not guilty and acquitted.
Earlier, the chairman of the Legal Forum SOEs, Hambra Samal, explains this petition is actually intended to ask the Court to determine the firmness of the Act which is to be followed by state-owned enterprises. He hoped that the Court gives verdict the State Finance Law and the Law CPC filed by the Petitioner declared unconstitutional, so the state is only subject to the Limited Liability Company Act in order to be free to develop their businesses and to compete with private companies. (Ilham / mh)