IMPLIKASI HUKUM WANPRESTASI DAN CESSIE TINJAUAN YURIDIS PUTUSAN MA NOMOR 2931 K/PDT/2020 DALAM WANPRESTASI DAN CESSIE

Abstract

The corruption case at PT Pertamina Patra Niaga demonstrates the poor management quality of state-owned enterprises, particularly in the energy sector. Using normative legal research methods and a statute approach, this study analyzes legal elements. Furthermore, Pertamina Patra Niaga evaluates the effectiveness of its internal oversight system and the implementation of good corporate governance principles. The results indicate that weaknesses in the procurement system, formalistic internal oversight, and an organizational culture lacking transparency and accountability are the causes of corrupt practices. Although anti-corruption laws in state-owned enterprises are adequate, the situation is exacerbated by weak internal oversight and poor implementation. Therefore, this study, to prevent future corruption, requires strengthening the independent internal oversight system and implementing a culture of integrity through anti-corruption education, agents of change, and an incentive-disincentive system.