BUMN Regulation Arrangement Similar To Napoleon's Way In French Law Modification

JAKARTA - Not long ago, the Ministry of SOEs had made regulatory arrangements so that the number of ministerial regulations that initially reached 45 rules was changed to only three regulations.

Legal practitioner Assegaf Hamzah & Partners Chandra Hamzah called it a modified and compilation step for BUMN law. This step will then become a tool for the basis for law enforcement in the BUMN environment.

According to Chandra, in a conversation in Jakarta, Thursday, April 6, 2023 night, Napoleon Bonaparte did the same thing and produced three rules called the result of the codification. The codification of the rules carried out by Napoleon was intended to provide convenience to citizens in understanding regulations.

Napoleon produced three laws, namely Code of Penal, Code de Commerce, Code of Civil. The three can be interpreted as Criminal Law, Commerce Law, and Civil Code.

"If the Modification has been carried out by Napoleon. He collected the existing law, then did the codification. Napoleon also did it in three too. It is very coincidental (with the Simplification of BUMN Rules). That ( Napoleon's Law) is still used in Indonesia and several other countries. So this Modification is a method to make it easier for people to find and understand and study the legal provisions," said Chandra, in his statement, Friday, April 7.

The arrangement of BUMN rules is 3 Ministerial regulations, according to Chandra, as well as the compilation of regulations that have been carried out in Indonesia with Islamic law. Indonesia has succeeded in compiling Islamic law.

"We know what is called a compilation of Islamic Law. All Islamic Law regarding heirs and others is compiled. This is a reference," said the President Commissioner of PT Bank Tabungan Negara (Persero) Tbk or BTN.

However, for Chandra, the most important part of a rule is the human factor that will enforce the law. There needs to be a change of mindset in action. Generally today, people make more decisions without relying on applicable laws.

"Many people act without seeing what the legal basis is. Many do because their superiors do this, because their friends do that. Our mistake is that we depend too much on other people's words. We rarely refer to the Book. Now there are three regulations in SOEs that become BUMN's Criminal Code', " said Chandra.

As is known on March 27, 2023, the Ministry of SOEs completed efforts to organize regulations and simplify the Regulation of the Minister of SOEs. SOE Minister Erick Thohir conveyed that the basis for the steps taken was to simplify and regulate the regulation of the Minister of SOEs.

This step was taken to anticipate changes that occur globally, but still have a legal basis so that the business run by SOEs can remain relevant and adhere to the principle of prudence (prudent).

The three Regulations of the Minister of SOEs as a result of the structuring and consolidation are the Regulation of the Minister of SOEs Number PER-1/MBU/03/2023 concerning Special Assignments and Programs for Social and Environmental Responsibility of SOEs, Regulation of the Minister of SOEs Number PER-2/MBU/03/2023 concerning Guidelines for Governance and Corporate Activities Significant SOEs, and Regulation of the Minister of SOEs Number PER-3/MBU/03/2023 concerning SOE Organs and Human Resources.