PERTANGGUNGJAWABAN PIDANA ATAS KEPUTUSAN BISNIS DIREKSI BADAN USAHA MILIK NEGARA YANG MENERAPAN DOKTRIN BUSINESS JUDGEMENT RULE

Abstract

This research discusses criminal liability for business decisions taken by directors of state-owned enterprises (BUMN) that apply the Business Judgment Rule doctrine. This doctrine provides legal protection to directors in making legitimate business decisions and based on reasonable considerations. However, in practice, there is the potential for misuse or errors in the application of this doctrine which could cause losses to BUMN and other parties. This research aims to analyze the criminal liability criteria that apply to state-owned enterprisesBUMN directors who use the Business Judgment Rule doctrine as well as efforts to protect the public interest. The research method used is normative analysis by referring to statutory regulations, court decisions and related literature. The research results show the need for clearer regulations regarding the limitations and criteria for applying the Business Judgment Rule doctrine in the context of criminal liability of BUMN directors. It is hoped that the implications of this research can contribute to strengthening the system of supervision and criminal accountability in the business decisions of BUMN directors, so as to increase the integrity and public trust in the management of state companies or state-owned enterprises(BUMN).