Kerugian Keuangan Negara pada Badan Usaha Milik Negara (BUMN) dalam Perspektif Doktrin Business Judgement Rule

Hartono, Rizky Novian and Sriwati, Sriwati and Rini, Wafia Silvi Dhesinta (2021) Kerugian Keuangan Negara pada Badan Usaha Milik Negara (BUMN) dalam Perspektif Doktrin Business Judgement Rule. KELUWIH: Jurnal Sosial dan Humaniora, 2 (1). pp. 23-32. ISSN 27221741

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Abstract

State-Owned Enterprises that act as an agent of development and business entity for the country are the concrete forms to reach the welfare state goal. Persero, as the example of state-owned enterprises will surely experience advantages and disadvantages due to the dynamic condition of the business world. With the various regulations that regulate state-owned enterprises itself, created a disharmony form of liability to the directors about the business loss. This research aims to identify do the loss of the state-owned enterprises would classified as state financial losses in the perspective of doctrine business judgment rule. This research using statute approach and conceptual approach shows that there is a dualism view about the position of separated-state wealth in the scope of state finances resulting in different interpretations of the meaning of state financial losses by the law enforcers. This dualism view caused a disharmony form of liability that asked to the Directors of Persero when that occur losses because according to the Section 2 and Section 3 Law Number 20 of 2001 jo Law Number 31 of 1999 concerning Eradication of Corruption, the directors would probably asked the liability for the alleged of corruption because causing state financial losses, on the other side according to the Section 97 verse 5 Law number 40 of 2007 concerning Company there is an exception to the directors so they would not be able to be charges. Furthermore, losses that happened in the state-owned enterprises can not only occur as a result of abuse of power but are result of business risks so the directors can be protected by the doctrine of business judgment rule from criminal charge

Item Type:	Article
Uncontrolled Keywords:	persero state-owned enterprises, state financial losses, business risks, business judgment rule
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	WAFIA SILVI DHESINTA RINI
Date Deposited:	19 Feb 2026 07:14
Last Modified:	19 Feb 2026 07:14
URI:	http://repository.ubaya.ac.id/id/eprint/50337

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