Implementation of Application Principle Business Judgement Rule on Case Action Criminal Corruption. (Case Study: Decision No. 121 K/Pid.Sus/2020)

Abstract

Studies This discuss regarding the Implementation of the application principle Business Judgment Rules (BJR) in Decision No. 121 K/Pid.Sus/2020. At the Cassation Level, the Judex Juris Court through Decision No. 121 K/Pid.Sus/2020 emit decision Which different with the Court Judex Facts namely Decision No. 34/PID.TPK/2019/PT. DKI jo. Decision No. 15/Pid.Sus-TPK/2019/PN. Jkt.Pst. This study analyzes the reasons why the Panel of Cassation Judges applied the BJR principle in Decision No. 121 K/Pid.Sus/2020 and the legal implications arising from the application of the BJR principle by the Panel of Cassation Judges in Decision No. 121 K/Pid.Sus/2020. The study uses a qualitative method with a normative legal approach ( statute approach ), and a case approach , namely the case of BUMN corruption . Results studies This show, Assembly Judge Cassation in apply principle BJR in Decision No. 121 K/Pid.Sus/2020 was correct because its business decision was in accordance with the requirements in Article 97 paragraph (5) of Law No. 40 of 2007 concerning Companies. Limited, found 4 (four) implications law, among them namely the emergence disparity decision criminal vertical between justice judex facti and judex juris , although this criminal disparity can be justified because the Tribunal Judge Cassation has in accordance with its function as justice judex juris which applies the BJR principle which was previously not applied in the judex facti trial . Other implications include the acquittal of the defendant, the Public Prosecutor (Prosecutor) No can submit Review Return (PK) to Decision No. 121 K/Pid.Sus/2020, And can its use Decision No. 121 K/Pid.Sus/2020 as jurisprudence related to the implementation of the BJR principle in cases of business decisions in corporate corruption cases.