Jurnal Penelitian Hukum Legalitas
Vol 19, No 1 (2025)

Implementasi Prinsip Business Judgment Rule Dalam Perlindungan Hukum Direksi BUMN

Muhammad, Ogan (Unknown)



Article Info

Publish Date
05 May 2025

Abstract

This research examines the implementation of the Business Judgment Rule (BJR) as a legal safeguard for directors of state-owned enterprises (BUMN) in Indonesia. Although normatively recognized under Article 97(5) of Law No. 40 of 2007 on Limited Liability Companies and reinforced by Government Regulation No. 23 of 2022, its application remains hindered by legal dualism and judicial inconsistency. Through a normative juridical approach, the study finds that the broad interpretation of “state financial losses” under the Anti-Corruption Law obscures the distinction between business risks and unlawful acts. To ensure legal certainty and corporate accountability, the study recommends harmonizing corporate and public law, issuing judicial guidelines by the Supreme Court, and strengthening Good Corporate Governance (GCG) practices within state-owned enterprises

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Journal Info

Abbrev

Hukum_Legalitas

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Penelitian Hukum Legalitas (JPHL) is published duo-annually in May and November, and aimed to provide research articles in order to have a significant implication to the world of law. Jurnal Penelitian Hukum Legalitas (JPHL) provides cutting-edge and comprehensive analysis of gap between ...