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All Journal Jurnal Ragam Pengabdian
Muhammad Olik Abdul Holik
Universitas Pancasila
Environmental Science Social Sciences Other

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Business Judgment Rule (BJR) Principle in Relation to Corruption Offenses in Regionally Owned Enterprises Muhammad Olik Abdul Holik; Agus Surono; Agung Iriantoro; Andi Wahyu Wibisana
Jurnal Ragam Pengabdian Vol. 3 No. 2 (2026): Mei-Agustus, Sustainable Development Goals (SDGs): Multidisciplinary Perspectiv
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/kwz5j396

Abstract

This research examines legal protection for directors of Regional-Owned Enterprises (BUMD) through the application of the Business Judgment Rule (BJR) in the context of liability for corporate losses often associated with corruption offenses. This study aims to analyze the legal framework governing BJR in BUMD governance in Indonesia, examine director liability for corporate losses from the BJR perspective, and formulate a regulatory reform model to provide legal certainty and protection for BUMD directors. This research employs a normative juridical method using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials obtained through literature review and interviews. The findings indicate that BJR application is essential to distinguish between legitimate business risks and criminal offenses. Therefore, regulatory reform is necessary to clearly incorporate BJR principles such as good faith, due care, and rational business judgment as the basis for legal protection of BUMD directors. Such regulation is expected to enhance legal certainty, prevent criminalization of business decisions, and strengthen sound and professional governance of regional enterprises.
Co-Authors Agung Iriantoro Agus Surono Andi Wahyu Wibisana