Jurnal Hukum Inconcreto
Vol. 4 No. 2 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 2 2025

Business Judgment Rule in the Amendment of the State-Owned Enterprises Law

Habibie, Muhammad Mirza (Unknown)
Catur Rini, Yuliani (Unknown)
Winkar Setya, Kartika (Unknown)
Sukirno (Unknown)



Article Info

Publish Date
12 Aug 2025

Abstract

The third amendment to the BUMN Law marks a new paradigm in BUMN management, adopting the Business Judgment Rule (BJR) doctrine. The material of the amendment is that BUMN directors cannot be held legally responsible for losses that occur if it is proven that the loss was not caused by error or negligence, decisions were taken in good faith and caution, there was no conflict of interest, and preventive measures were taken to prevent or stop losses. This BJR changes the pattern of directors' accountability, BUMN losses are no longer considered state financial losses so that they are not included in the realm of corruption based on the Corruption Law, this study uses a normative legal method through a doctrinal and conceptual approach, and uses secondary data. The analysis used uses the deductive method. With the amendment to the Law, it provides guidance for directors to be more careful in carrying out BUMN business processes. Providing certainty to corporate directors professionally without being overshadowed by fear of criminalization.

Copyrights © 2025






Journal Info

Abbrev

inconcreto

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Filsafat dan Teori Hukum Perbandingan Hukum Sosiologi Hukum Hukum Internasional Hukum Tata Negara Hukum Perdata Hukum Bisnis Hukum Ekonomi Hukum Lingkungan Hukum Pidana Hukum Administrasi Negara Hukum Teknologi, Informasi, dan Komunikasi Hukum Hak Asasi Manusia Hukum Islam dan Keluarga Hukum Agraria ...