KONSEP PENERAPAN PRINSIP BUSINESS JUDGEMENT RULE PADA KEPUTUSAN DIREKSI BADAN USAHA MILIK NEGARA (BUMN)
| Main Author: | Sesara, Gita Wanda |
|---|---|
| Format: | Book application/pdf Journal |
| Terbitan: |
UI Scholars Hub
, 2021
|
| Subjects: | |
| Online Access: |
https://scholarhub.ui.ac.id/dharmasisya/vol1/iss1/32 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1015&context=dharmasisya |
Daftar Isi:
- Member of the Board of Directors (Director) of State Owned Enterprises (BUMN) are appointed and dismissed by the Shareholders which if the shares are one hundred percent owned by the government, then he appointment and dismissal of Director are carried out by the government. As an extension of the government, Director are required to be able to manage the company with integrity, prudence, as well as profit-oriented. Director in carrying out the company activities must be able to prove that the decisions are not based on personal decisions, but only for corporate purposes. Director manages the company by adhering to the Company's Budget Work Plan and Long-Term Plan authorized by the Shareholders. Director is given “acquit et de charge” by the Shareholders on Annual General Meetings of Shareholders. But not so if the decision has an impact on the company's losses or on state financial losses. Director can be convicted in corruption cases if the elements of state losses can be fulfilled. If it is proven to be negligent in making decisions and accompanied by giving benefits to themselves and/or others, it can be suspected that the Director have caused State losses. Basically, the Director strives to provide the best for the company it manages. In terms of decision making, it impacts on losses while integrity is still upheld and still observes the principles of Good Corporate Governance, whether it can be categorized as an act that causes losses to the state. Within certain limits the Director is given flexibility in managing the company, through the principles of the Business Judgment Rule. This principle can be used by Directors suspected of causing financial losses to the state, if the actions and decisions that have been taken not proven to have an element of personal interest, are carried out in accordance with the limits of their authority, and remain on the precautionary principle.