The Position of Subsidiaries State-Owned Enterprises in the Mining Industry Sector in Indonesia's State-Owned Perspective (Study of Subsidiaries in the Structure of a SOES Holding Company in the Mining Sector PT. Indonesia Asahan Aluminum Persero)

Abstract

Issues regarding the establishment of a State-Owned Enterprise holding company in the mining sector as well as other sectors in the perspective of the Indonesian state administration will cause legal problems, including the constitutionality of the establishment of a SOES subsidiary, the legal entity status of a SOES subsidiary, the financial status and state assets in a SOES subsidiary, and state control over SOES subsidiaries. This normative legal research uses a statutory approach and then analyzed using qualitative data analysis methods. The position of SOES in the Indonesian economic system is as an implementer of the state's right to control important economic resources and control the lives of many people. The position of the subsidiary in the state-owned mining holding company remains as a State-Owned Enterprise and does not change to an ordinary limited liability company. State control over SOES subsidiaries in the structure of the SOES holding company in the mining sector can still be exercised through the ownership of Series A shares by the Government of the Republic of Indonesia as stated in Article 33 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Keywords: subsidiary, state-owned enterprises, holding company, Mining, state administration.