TINJAUAN YURIDIS TINDAK PIDANA KORUPSI PADA PUTUSAN NO. 68/PID.SUS-TPK/PN JKT.PST DALAM PERSPEKTIF PRINSIP BUSINESS JUDGEMENT RULETINJAUAN YURIDIS TINDAK PIDANA KORUPSI PADA PUTUSAN NO. 68/PID.SUS-TPK/PN JKT.PST DALAM PERSPEKTIF PRINSIP BUSINESS JUDGEMENT RULE

Abstract

The criminalization of StateOwned Enterprise (SOE) directors' business decisions as acts of corruption, without considering business risk and the Business Judgment Rule (BJR), raises serious concerns regarding legal certainty for corporate decisionmakers. Decision Number 68/Pid.SusTPK/2025/PN Jkt.Pst against the Board of Directors of PT ASDP Indonesia Ferry (Persero) illustrates this issue, where a legitimate managerial process involving professional consultants and due diligence was disregarded by the court. This study addresses two legal problems: the position of the BJR principle in directors' decisionmaking that resulted in state losses, and whether the element of mens rea was fulfilled in the corruption case. Using normative legal research with statutory, case, and conceptual approaches, legal materials were collected through literature study of primary, secondary, and tertiary sources and analyzed descriptively and qualitatively. The findings show that the Panel of Judges did not apply the BJR principle as a ground for eliminating unlawfulness, despite the defendants meeting the requirements of Article 97(5) of the Limited Liability Company Law, and that mens rea under Article 3 of the AntiCorruption Law was not legally proven, as no personal gain was received. The conviction is therefore juridically inappropriate.