ANALISIS YURIDIS PERATURAN MENTERI BADAN USAHA MILIK NEGARA NOMOR PER-10/MBU/10/2020 DI TINJAU DARI PERSPEKTIF MASHLAHAH MURSALAH

Fatih May Kusuma, NIM.: 20103070034 (2024) ANALISIS YURIDIS PERATURAN MENTERI BADAN USAHA MILIK NEGARA NOMOR PER-10/MBU/10/2020 DI TINJAU DARI PERSPEKTIF MASHLAHAH MURSALAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Ministerial regulation is one of the legislation products legitimized in Article 8 of Law Number 12 Year 2011 on the Formation of Legislation. Ministerial regulations as implementing rules in the stufenbau theory further elaborated by Hans Nawiasky fall into the verordnung & autonome satzung category while laws fall into the formellgesetz category . So that in regulating the norms, ministerial regulations must not conflict with the law because the hierarchical position of the law is higher than ministerial regulations. The focus of the discussion of this thesis is to analyze the Regulation of the Minister of State-Owned Enterprises Number PER-10 / MBU / 10/2020 concerning Requirements and Procedures for Appointing and Dismissing the Board of Commissioners and Supervisory Board of State-Owned Enterprises against Law Number 19 of 2003 concerning State-Owned Enterprises and also reviewing the ministerial regulation based on the perspective of mashlahah mursalah. This research is a descriptive-analytical normative juridical research using the theory of legislation and the theory of mashlahah mursalah. This research is also conducted with a statute approach , namely by examining laws and regulations and other legal regulations that are relevant to this thesis research. The results of this study indicate that there are conflicting norms contained in Chapter V letters (a) and letters (b) of the Regulation of the Minister of State-Owned Enterprises Number PER-10 / MBU / 10/2020 concerning Requirements and Procedures for Appointing and Dismissing the Board of Commissioners and Supervisory Board of State-Owned Enterprises which allows concurrent positions for the board of commissioners and supervisory board to become commissioners in private sector companies. This is contrary to Article 33 and Article 62 of Law Number 19 of 2003 concerning State-Owned Enterprises in conjunction with Article 9 of Law No. 25 of 2009 concerning Public Services which regulates the prohibition of the board of commissioners and supervisory board to hold concurrent positions as commissioners in other companies or business organizations in any form. When viewed from the perspective of mashlahah mursalah , the provisions of concurrent positions contained in Chapter V letters (a) and (b) of the Regulation of the Minister of State-Owned Enterprises Number PER-10 / MBU / 10/2020 concerning Requirements and Procedures for Appointing and Dismissing the Board of Commissioners and Supervisory Board of State-Owned Enterprises also do not reflect the principles contained in mashlahah mursalah because the disadvantages that can be caused by the concurrent positions of commissioners and supervisory boards of bumn are greater than the benefits.

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