Tata Kelola BUMN Paska Pemberlakuan UU No. 1 Tahun 2025: Sebuah Tinjauan Kritis Berdasarkan Teori Kepastian Hukum

Abstract

The enactment of Law Number 1 of 2025 concerning the Third Amendment to Law Number 19 of 2003 on State-Owned Enterprises, including the establishment of BPI Danantara, marks a shift in the governance of SOEs in Indonesia. The previous approach, which treated SOEs as part of state assets, has now been transformed into SOE governance based on professional business practices. This study aims to examine the extent to which the changes in SOE governance following the enactment of Law Number 1 of 2025 have fulfilled the principles of the legal certainty theory. An in-depth analysis is carried out through the three main pillars of law enforcement: the quality of legal norms or rules (substance), the performance and role of relevant institutions (structure), and the mindset, attitudes, and behaviour of society towards the law (legal culture). The findings show that, from the perspective of the legal certainty theory, in terms of substance, numerous inconsistencies remain between the provisions of Law Number 1 of 2025 and other related laws such as those governing state finance, state treasury, corruption eradication, and other relevant regulations. These inconsistencies have the potential to create multiple interpretations in legal implementation, thereby generating legal uncertainty.