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KKM
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| Judul | : |
PENERAPAN BUSINESS JUDGEMENT RULE BAGI DIREKSI BADAN USAHA MILIK NEGARA DALAM PERKARA PENGADAAN BARANGYANG MERUGIKAN NEGARA (Studi Putusan Mahkamah Agung Nomor: 5124 K/Pid.Sus/2022 dalam Perkara Pengadaan Quay Container Crane PT Pelindo II)
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| Subjek | : |
Corporation law
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| Pengarang | : |
Fathya Neysa Oktavia
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| Pembimbing | : |
Krisnhoe Kartika W,
Ulil Afwa
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.066 OKT p
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The Business Judgement Rule (BJR) is an immunity doctrine for Directors of State-
Owned Enterprises for losses incurred from business decision-making, including in
procuring goods and services. However, the application of this doctrine is still not
uniform, resulting in legal uncertainty and many Directors being entangled in
cases, including the former President Director of PT Pelindo II, RJ Lino. This
research aims to determine and analyze the responsibilities of the Director of PT
Pelindo II in the procurement of goods and services in the event of losses and the
application of the BJR in Supreme Court Decision Number: 5124 K/Pid.Sus/2022.
This research uses a normative juridical approach that relies on secondary data
obtained through a literature study using normative qualitative methods. The
results of the research and discussion indicated that the Director of PT Pelindo II
can be held personally responsible for state losses because he does not carry out
his duties and authority based on fiduciary duty. Furthermore, BJR cannot be
applied as an immunity doctrine for the Director of PT Pelindo II in Supreme Court
Decision Number 5124 K/Pid.Sus/2022 due to cumulative failure to fulfill the
elements of the BJR in Article 97 paragraph (5) of Law Number 40 of 2007
concerning Limited Liability Companies. Consequently, the Panel of Judges also
did not analyze and consider BJR when examining and deciding this case.
Keywords: Business Judgement Rule, Board of Directors, State-Owned Enterprises,
Procurement of Goods and Services, State Losses
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