The Considerations of the Panel of Judges in Rejecting the Business Judgment Rule Principles in Corruption Crime Case Decisions of PT. Asuransi Jiwasraya

Abstract

The aim of this study is that to examine one of the corruption cases of PT. Asuransi Jiwasraya which focuses on the considerations of the panel of judges in rejecting the principles of the Business Judgment Rule. The method used in this study was a normative legal research method with a statutory approach and a case approach. The result of this study shows that PT. Asuransi Jiwasraya is legally and convincingly proven guilty of committing a criminal act of corruption which is committed by the directors together with the result of the judge's refusal to apply the principles of the Business Judgment Rule. It is shown based on the juridical facts from Decision Number: 32/PID.SUS-TPK/2020/PN.JKT.PST that the substance of the actions of the defendant of the director of PT. Asuransi Jiwasyara cannot be seen to be based on good faith and it is not prioritizing the prudential principle given the fact that the directors actually benefit themselves and not in the interests of the company. Therefore, the directors of PT. Asuransi Jiwasyara can be held personally responsible for failing to conduct the company's fiduciary duties and causing state losses so that the defendant's actions to obtain protection under the Business Judgment Rule should be set aside.