Juridical Review of the Losses of Bank with State Owned Enterprises Status for Violation of the Principles of Precaution by Bank Employees which Caused Losses Reviewed from Positive Law in Indonesia

Abstract

Banks with state-owned enterprise status carry out operational activities like banks in general, but their activities are not free from various risks. One of them is the risk of consequential losses mismanagement. The study based on the perspective of Limited Liability Companies and Corruption Crimes in this research is an important aspect, considering that often cases involving losses to banks with state-owned enterprise status due to mismanagement often end with different judge's considerations and decisions. This research is legal research (legal research) using normative juridical research. The approach method used is the statutory approach (statute approach) and conceptual approach (conceptual approach), which is done by reviewing all related laws and regulations as well as discussing and examining concepts, theories and doctrines that discuss the problem. The result of this research is the PT Law which adheres to the concept Bussiness Judgement Rule states that members of the Board of Directors cannot be charged with legal responsibility, as long as they fulfill the elements of the provisions of Article 97 paragraph (5). Meanwhile, based on the State-Owned Enterprise Law, banks with State-Owned Enterprise status that experience losses can be charged with legal responsibility as a criminal act of corruption because in State-Owned Enterprise banks state finances are included as separate state assets, unless a subsidiary of the company carries out the detrimental act.