A Review Is Needed Toward the State Property Private Domein


Jakarta, dpd.go.id - The Committee IV of DPD RI is serious in drafting the Proposed Initiative of the State and Regional Wealth Management (PKND) Bill, because this bill is planned to arrange two types of state assets: a potential state property as the implementation of Article 33 paragraph (3) of the 1945 Constitution (public domain); and a state property owned in the form of State / Regional Property (BMN / D) and a state asset separated from state / regional companies in the form of State-Owned Enterprises (BUMN) / Limited Companies (PT) and other legal entities as the implementation of Article 23 paragraph (3 ) And article 33 paragraph (2) of the 1945 Constitution (private domain).

This seriousness is evident from the existence of the plenary meeting in the meeting room of Committee IV DPD RI, Parliament Complex Senayan, Jakarta (18/4/2017), it discusses the progress report of PKND academic draft with expert team: Drs.Pardiman, M.Si. Drs.Susiadi Prayitno, CESS., Drs. Siswo Sujanto, DEA., Maret Priyanta, SH., MH., and Abdul Kodir after the previous Monday (17/4/2017) held a Public Hearing Meeting with Legal and Administrative Expert Prof.DR. Aminuddin Ilmar, SH., MH.

Pardiman describes the identification of problems in the State Owned Resources / Potential (KNP) current condition is that there is no integrated potential state wealth data, an inter-sectoral management of potential state assets, unoptimal management and administration of KNP, unharmonious and unintegration fiscal in the management KNP, no mechanism for monitoring the results of exploitation and exploration of KNP. Regarding the Unseparated State Owned Wealth (BMN / D), there is inconsistency in the regulation, not yet comprehensive in existing provisions, not yet accommodate the dynamics of development of BMN management and not yet harmonious on the management arrangement of BMN with other regulation. Toward the State Owned Separated Wealth (KND) there is a different understanding in every legislation, the role of KND is still not optimal, high moral hazard in strategic policy by KND managers, not yet optimal and harmonious on the management and administration of KND in the existing legislation .

"Ideal conditions desired against the KNP is the assertion on the role of Minister of Finance as manager of fiscal and state assets. Good administration and record keeping. Monitoring mechanism of exploitation and exploration of KNP. The availability of penalty remorse mechanisms in the management of KNP. The ideal conditions of BMN / D is in the form of rules based on BMN management principles and ensure the achievement of good governance. The existence of a thorough and clear consistency arrangement that supports sustainable economic growth and equity. Ensure the fulfillment of community service needs ", adds Pardiman.

Meanwhile, Drs. Siswo Sujanto, DEA advises, "that it is necessary to conduct a discussion / review of the opinion that suggests that in the state's wealth there is a part which is a private domain. In this connection, it is reasonable to suspect that the various opinions are mainly aimed at separated state assets which are then placed in BUMN / BUMD ", Siswo concludes.


18 April 2017