Pertanggungjawaban Pidana Korupsi Oleh Direksi Badan Usaha Milik Negara (BUMN) Berdasarkan Prinsip Business Judgement Rule (BJR) (Studi Putusan No. 68/Pid.Sus-TPK/2025/PN.Jkt.Pst)

Firdausi, Fiqhi Akromi (2026) Pertanggungjawaban Pidana Korupsi Oleh Direksi Badan Usaha Milik Negara (BUMN) Berdasarkan Prinsip Business Judgement Rule (BJR) (Studi Putusan No. 68/Pid.Sus-TPK/2025/PN.Jkt.Pst). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

This research is motivated by the corruption verdict involving three directors of the State-Owned Enterprise (BUMN), PT. ASDP Indonesia Ferry, in Decision Number 68/Pid.Sus-TPK/2025/PN.Jkt.Pst, which stated that the defendants had jointly caused state financial losses through business decisions made during their tenure. This situation does not preclude the possibility of the directors being held criminally liable. In this case, the Business Judgment Rule (BJR) principle provides legal protection to directors from criminal liability for losses as regulated in Article 97 paragraph (5) of Law Number 40 of 2007 concerning Limited Liability Companies. This study aims to determine the fulfillment of the elements of the business judgment rule and how the business judgment rule was applied as a judge's consideration in Decision Number 68/Pid.Sus-TPK/2025/PN.Jkt.Pst. This study uses a statutory approach, a case approach, and a conceptual approach. The results of this study indicate that the business judgment rule principle should be applicable because the defendant fulfilled its elements: good faith, prudence, no conflict of interest, and efforts to prevent further losses. Therefore, the state losses arising from the directors' decisions are considered business risks. Keywords: Criminal Liability, Business Judgment Rule, Board of Directors

Item Type:

Thesis (Undergraduate)

Contributors: