Jurnal Hukum Mimbar Justitia
Vol 8, No 2 (2022): Published 30 Desember 2022

PENERAPAN PRINSIP BUSINESS JUDGEMENT RULE DALAM PUTUSAN LEPAS TERKAIT TINDAK PIDANA KORUPSI DIREKTUR KORPORASI

Kuswandi Kuswandi (Universitas Suryakancana)
Yudi Junadi (Universitas Suryakancana)
Aulia Putri (Universitas Suryakancana)



Article Info

Publish Date
30 Dec 2022

Abstract

The Business Judgment Rule is a doctrine that protects directors. Often this doctrine is also one of the reasons and protections for directors who do not want to be held criminally responsible. From this background, there are several problem points as follows: (1) How is the principle setting of the Business Judgment Rule in the Indonesian Criminal Justice System? (2) How is the application of the principle of Business Judgment Rule in the accountability of a director who commits a criminal act of corruption? (3) What is the judge's consideration in applying the principle of the Business Judgment Rule in the case of the Corruption Crime in the decision of Case Number 121 K/Pid.Sus/2020?. The approach method that the author uses is normative juridical law research. The results of the discussion, the regulation of BJR is contained in Article 97 paragraph (5) of Law no. 40 of 2007 concerning Limited Liability Companies. Analysis of Judges' Consideration of the Supreme Court on Decision No. 121 K/Pid.Sus/2020, the author agrees that the defendant Karen Agustiawan is free from all lawsuits. The author recommends to PT. Pertamina to file an arbitration claim for compensation through BANI/SIAC to ROC.Ltd Australia.Keywords : Business Judgment Rule, Corruption Crime, Decision.

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Journal Info

Abbrev

jhmj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focus and Scope Focus of Jurnal Hukum Mimbar Justitia has a main focus on the publication of scientific articles related to various aspects of law, both in national and international contexts. The journal aims to be a platform for academics, legal practitioners, and researchers to share knowledge, ...