The Supreme Court (MA) issued an Edict (Fatwa) on 16 August 2006 which provides, at least as the MA sees it, a clearer definition of what constitutes State receivables or assets. Point 3 of the Fatwa is explicit and states that receivables held by any BUMN are not State receivables in the meaning of the relevant and prevailing laws. The Fatwa reinforces this interpretation by stating that the BUMN Law (Law No. 19 of 2003) is lex specialis and is also more recent than the previous laws and regulations in this field and is therefore deemed to be the prevailing law.
To Be or Not To Be - State Receivables and the Supreme Court Edict
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