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Pertanggungjawaban Pejabat Administrasi Negara Dalam Hal Terjadinya Kerugian Pada Keuangan Negara Dalam Kasus Tindak Pidana Korupsi Hamzar Nodi
Jurnal Ilmu Hukum Vol 4, No 1 (2013)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (111.05 KB) | DOI: 10.30652/jih.v3i1.1038

Abstract

Lots of administration officials act committed by state administrative decisions later on declared as a criminal act of corruption because there is evidence that a state administrative decision is causing loss to the economy or finance. Strict limits whether a state administrative officials charged with corruption can be accounted for is the condition or objective factors on the field that if he is to act in accordance with the authority, making policies which is in fact contrary to his authority by laws and regulations.
APPLICATION OF THE BUSINESS JUDGMENT RULE DOCTRINE RELATED TO LEGAL PROTECTION EFFORTS FOR BOARD OF DIRECTORS DUE TO THE EXISTENCE OF STATE FINANCIAL LOSSES IN THE MANAGEMENT OF REGIONAL OWNED ENTERPRISES Nodi, Hamzar
Proceeding International Seminar of Islamic Studies INSIS 5 (March 2023)
Publisher : Proceeding International Seminar of Islamic Studies

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Abstract

The granting of authority to regional governments is also accompanied by the handover and transfer of financing. The most important source of financing is local revenue (PAD). PAD is regional income sourced from regional taxes, regional user fees, separated regional wealth management results, and other legitimate regional original income, which aims to provide flexibility to regions in exploring funding in the implementation of regional autonomy as an embodiment of the principle of centralization. . It cannot be denied that the continuity and success of a BUMD company will greatly depend on the quality of the Board of Directors in driving the wheels of the company. Directors are required to be able to advance the company so that it always grows and is able to compete with competitors, so that it can survive, excel and have quality. This goal can only be achieved if the Board of Directors is able to issue appropriate policies and dare to take business risks. In accordance with the idiom "high risk high return", high risk will bring high returns. For this reason, in order to encourage Directors to dare to take business risks for the benefit of the Company, legal umbrellas such as the business judgment rule doctrine have a very essential role.
Responsibilities Of The Board Of Directors In Management Of Regionally-Owned Enterprises Nodi, Hamzar
Inspiring Law Journal Vol 1, No 1: Juli - Desember
Publisher : Inspiring Law Journal

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Abstract

The regional government has the function and responsibility to improve people's welfare by implementing development in all fields. The source of PAD is a source of regional finance that is excavated in the relevant region, which can come from regional taxes and regional levies. So that PAD can become part of the largest source of finance for the implementation of regional autonomy. One of the important organs in a company is the board of directors. The board of directors who control the company in its daily activities has the authority to determine policies in exercising its powers and obligations in managing the company must have good intentions, be responsible, have integrity, be honest, and be highly dedicated to advancing and developing the company. The board of directors is fully responsible personally for the company's losses if the person concerned is guilty or negligent in carrying out his duties. The board of directors can take or take actions to facilitate his duties as long as it is within the scope of his duties and obligations and does not conflict with customs, fairness, and propriety
Implementation of the Business Judgement Rule Doctrine as Legal Protection for Directors in Realizing Good Governance of Regionally-Owned Enterprises Nodi, Hamzar; Ramlan, Ramlan; Hanifah, Ida
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.5124

Abstract

The form of BUMD governance as a regional company as regulated in UUPD and PPBUMD consists of Regional Public Companies (Perumda) and Regional Limited Companies (Perseroda). The establishment of Perumda is in the form of regional regulations based on regional needs and the feasibility of the business field of the Perumda to be formed. Perumda is a BUMD whose entire capital is owned by one region only and is not in the form of shares. One of the important organs in a company is the board of directors. The board of directors who control the company in daily activities has the authority to determine policies in carrying out its powers and obligations in managing the company must have good intentions, be responsible, have integrity, be honest, and be highly dedicated to advancing and developing the company. The board of directors is fully responsible personally for the company's losses if the person concerned is guilty or negligent in carrying out his duties. The board of directors can take or carry out actions to facilitate his duties as long as it is within the scope of his duties and obligations and does not conflict with customs, fairness, and propriety. Implementation of the business judgment rule (BJR) doctrine as a form of protection given to directors in carrying out their duties and responsibilities in running the company. Business decisions or actions taken by directors are intended to manage the company professionally according to their expertise to generate profits for the company, even though there are risks from these decisions and actions that can cause losses for the company