Pengaturan Hukum Indonesia Mengenai Perusahaan-Perusahaan Multinasional

S.h Dr. Sunaryati Hartono

Economics and Finance in Indonesia, 1978, vol. 26, 49-62

Abstract: A basic void in Indonesian law is that according to it. multinational enterprises in the sense of economic units consisting of corporate and noncorporate entities joined by ties of ownership, management or contract, and multinational corporations in the sense of afjiliates or subsidiaries of multinational enterprises, simply do not exist as a separate and distinct category of business corporation. According to Indonesian law, any business established on Indonesian territory and subject to Indonesian law is a domestic enterprise, regardless whether it is managed, controlled, owned or under contract by foreigners or Indonesians. Corporations established in Indonesia under Indonesian law and which are part of a larger multinational enterprise are thus not regarded as having a different character and therefore as deserving a different treatment. This derives from the fact that the law of the Netherland: Indies held the fiction that enterprises established in its territorial boundaries only operated within those boundaries, and the fact that Indonesian law today has followed the same fiction. Any Indonesian domestic enterprise is therefore also assumed to have no relationship with foreign enterprises, regardless whether it is a subsidiary or affiliate of a multinational enterprise or not. This implies that, as was the case of the law of the Netherlands Indies, Indonesian law regards the Indonesian economy as being a closed economy.

Keywords: hukum; perusahaan; modal; asing; keputusan (search for similar items in EconPapers)
Date: 1978
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