STUDI PUTUSAN NOMOR 121 K/Pid.Sus/2020 TERHADAP TANGGUNG JAWAB DIREKSI MENGENAI PRINSIP GOOD CORPORATE GOVERNANCE DALAM PENGELOLAAN PERSEROAN TERBATAS

Abstract

A major responsibility of the Board of Directors is to manage the Company in good faith and responsibly, in line with the goals of the Company itself. The Board of Directors may be exonerated from this duty in the event that an error is made and the Board of Directors is promptly held accountable for it if they can show that the error was not their fault. The Regulation of the Minister of BUMN Number Per-01 / MBU / 2011 regulates excellent corporate governance, which the Board of Directors must follow when performing its tasks. The goal of this study is to determine the board of directors' obligations with reference to sound corporate governance based on the application of the board of directors' duties with regard to the principles of sound corporate governance in the management of a limited liability company and Supreme Court Decision Number 121 K/Pid.Sus/2020. This statutory approach method is employed in the normative juridical research, which focuses on examining how rules or norms are applied in positive law. The findings demonstrated that every requirement of Article 97, paragraph 5, of the Company Law had been met by Karen Agustiawan's conduct. Directors of SOEs who have managed the company utilizing Good Corporate Governance can only be classified as a business risk and not as engaging in criminal wrongdoing.