Contexto histórico de la entrada de Don Quijote en China

•

Notwithstanding, the supervisionof

Kereta Api (the Railways) is

still performed jointly by the Ministry of Finance and MiniStry of

Transportation

•

The supervision of Perum and Pexjan is jointly performed by the

Ministry of Finance and the technical ministers

• The management of government assets in the ISOEs is performed by the Ministry of Finance

Tanri Abeng, as the first State Minister of Capital Investment and Empowerment of SOEs, formulated the first Master Plans for the ISOEs and this became the foundation for following ministers to manage the ISOEs in a business like manner. Since then, this Masterplan has been revised several times. Under Rozi Munir's leadership, the second State Minister of ISOEs, the Masterplan was refined to include, among others, the implementation of good corporate governance practices, based on three principles: transparency, independence and accountability.

In 2000, Government Regulation No. 98/ 1 999 was replaced by Government Regulation No. 1 /2000, to include the authority of the State Ministry of Capital Investment and Empowerment of ISOEs regarding the appointment and dismissal of Dewan Komisaris and Dewan Direksi, profit sharing, mergers, splits and liquidations. At the time, Tanri Abeng was replaced by Laksamana Soekardi who held the position only for eight months and was then replaced by Rozy Munir.

Back to the Ministry of Finance

When Wahid reformed his cabinet, the State Ministry of Capital Investment and Empowerment of ISOEs was closed down and thus the supeIVision of ISOEs went back to the Ministry of Finance. This occurred through the stipulation of Government Regulation No. 89 /2000, which reinstated the authority of the Finance Minister as the shareholder and government representative at ISOEs shareholders' general meetings but it did not include the railways, which were still under the supervision of the Ministry of Transportation.

A New Role for the State Ministry of ISOEs

Soon after Megawati Sukarnoputri replaced Abdurahman Wahid and became the fifth President of Republic of Indonesia on 23 July 200 1 , she dismissed the Cabinet Ministry, known as Kabinet Persatuan Nasional (the

National Unity Cabinet) under Wahid, through Presidential Decree No. 228 /M/200 1 and she established her own Cabinet Ministry known as the Gotong Royong 66 Cabinet. Simultaneously, she reinstated the State Ministry of ISOEs and transferred the supervision of ISOEs from the Ministry of Finance to the State Minister of ISOEs. She appointed Laksamana Sukardi as the ISOE minister, who also held the position of Treasurer in Megawati's political party-PDI-P. Following this, the government issued Government Regulation No. 64 /200 1 concerning the transfer of the Finance Minister's authority as the shareholder and government representative in the ISOEs to the State Minister of ISOEs. However, this excluded the issuing of loan letters and the signing of ISOEs'

annual reports.

Under this new regulation, the State Ministry of ISOEs has three main duties:

( 1 ) Acting as the shareholder at the general meeting of shareholders in Persero as stipulated in Government Regulation No. 1 2 / 1 998 and Company Act No. 1 / 1995 on Limited Liability Company.

(2) Acting as as the Government representative in Perum, as regulated in Government Regulation No. 1 3 / 1998.

(3) Acting as the agent for the financial advisor in Perjan, as stated in

Government Regulation No. 1 6/2000 (Peraturan Pemerintah, 200 1 ) .

In the light of this duty, the ministry's functions, a s regulated in Presidential Decree 1 0 1 /200 1 , are:

• to fonnulate government policy in managing ISOEs, including

supervision, improving efficiency, restructuring and privatising ISOEs

• to coordinate and enhance synergy of plans and programs,

monitoring, analysis and evaluation in managing state-owned enterprises

• to forward outcome reports, suggestions and ideas for

consideration in relation to his/her duties and functions to the President.

Currently the organisational structure of the State Ministry of ISOEs consists of the Minister, Secretary, five Deputies, 16 Assistant Deputies, and four advisors. Responsibility among the four Deputies is divided according to four industry sectors: ( 1) financial services, construction and other services, (2) logistics and tourism, (3) agro industry, forestry, paper, printing and publishing, and (4) mining, strategic industry, power and telecommunications. One Deputy is responsible for restructuring and privatisation.

The Stipulation of Act No. 1 9 Tahun 2003

In 2003, the People's Representative Assembly (PRA) endorsed Act No. 1 9/2003 on ISOEs67. This long-awaited bill relating to ISOEs deals with operational procedures, restructuring and privatization. Accordingly, some laws which regulate ISOEs, including the Indonesische Bedrijvenwet (lBW) 1 927 promulgated during the Dutch colonial period, were annuled. This does not include Government Regulation No. 12/ 1998 on Persero and Government Regulation No. 1 3 / 1 998 on Perum. Under the ISOE Act, there are only two types of ISOEs: Persero (a limited liability company) and Perum (semi profit oriented company) .

The ISOE Act No. 1 9/2003 contains many new aspects of Indonesian corporate law principles that were never dealt with in the past, not even in Act No. 1 / 1 995 on the Limited Liability Company. Some of the important

aspects incorporated in the ISOE Act No 19 /2003 are corporate

governance issues. For example, Act No. 1 9/2003 article 3 requires that in

executing their duties the Board of Management must abide by the articles of association of the ISOE and the provisions of the law and they must

practice the corporate governance principles of transparency,

independence, accountability, responsibility and fairness.

67 Before the stipulation of ISOE Act No. 19/2003, ISOEs were regulated under different types of laws which created problems with supervision.