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| Jenis | : |
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| Judul | : |
PENERAPAN BUSINESS JUDGEMENT RULE OLEH DIREKSI ANAK
PERUSAHAAN BADAN USAHA MILIK NEGARA YANG MENIMBULKAN KERUGIAN (Studi Putusan Mahkamah Agung Nomor: 3614 K/Pid.Sus/2024)
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| Subjek | : |
Corporation law
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| Pengarang | : |
Cindy Ludfiyya
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| Pembimbing | : |
Sulistyandari,
Maria Mu’ti Wulandari
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2025
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| Call Number | : |
346.066 LUD p
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The application of the Business Judgement Rule (BJR) provides legal
protection for the Company's Directors in making business decisions from personal
responsibility even though the decision results in losses, as long as the action is
based on good faith and caution (fiduciary duty). Losses from making business
decisions on business risks have often ensnared Directors accused of creating state
losses, including the case of Ir. Kusmahadi Setya Jaya, Director of PT. Nusantara
Terminal Services (a BUMN Subsidiary).
The study aims to analyze the application of BJR by the Directors of PT.
NTS in the Supreme Court Decision Number 3614 K/Pid.Sus/2024 and its
relationship to the legal status of BUMN Subsidiaries if losses occur, they are not
always considered state financial losses. This study uses a normative legal research
approach method with a statutory, case, and conceptual approach, prescriptive
research specifications, analysis with secondary data, and qualitative normative
analysis methods.
The results of the research and discussion show that the application of BJR
cannot be applied because it is contrary to its legal obligations and does not fulfill
the elements of BJR Article 97 paragraph (5) of the PT Law. Consequently, the
Panel of Judges did not analyze and consider BJR in the Supreme Court Decision
Number 3614 K/Pid.Sus/2024 and PT. NTS's losses can be categorized as state
financial losses. The losses of BUMN Subsidiaries and their relation to their legal
status should be seen based on the capital in them so that if a loss occurs, it cannot
always be categorized as a state financial loss.
Keywords: BUMN Subsidiary, Business Judgement Rule, State Financial Losses.
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