印尼国有企业董事执行业务判断规则原则的若干问题

B. S. Rukmono, Soehartono
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引用次数: 1

摘要

商业判断原则规则并不是一个存在多年的原则。这一原则就像一枚硬币的两面,一方面可以用来保证董事按照走廊行事,另一方面可以用来保护公司董事的道德风险。在印度尼西亚,这一原则经常出现在腐败案件的审判中,以造福第二方。虽然事实上在印度尼西亚的商业规则管理中已经协调了原则,但本公司已在印度尼西亚的立法法规中进行了规定。但在其应用上仍不理想。根据印度尼西亚发生的几起腐败案件,董事会未能保护他们。《公司法》和《企业法》仍然局限于适应这一原则,尚未详细解释适用这一原则的条件和方式。本研究结果表明,已有与业务判断规则原则相关的规制法规,但在规制中并未得到实施,因为许多不知道国有企业董事是否可以受到业务判断规则原则的保护,而在这些法规中没有具体设定符合业务判断规则原则的标准。关键词:商业判断规则;董事;国有企业;商业决策;印尼
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Some Problems in the Implementation of the Business Judgment Rule Principles to the Directors of State-Owned Enterprises in Indonesia
Principles of Business Judgment Rule is not a principle that has existed for years. This principle is like two sides of a coin, on the one hand it is used to ensure directors work according to the corridor, on the other hand it can be used to protect moral hazard of the company's directors. In Indonesia this principle is often present in the trial of corruption cases for the benefit of the second side. Although in fact there has been a harmonization of principles in the management of the Business Rule in Indonesia, the Company has set out in Regulation of Legislation in Indonesia. But in its application is still not optimal. Based on several corruption cases that have occurred in Indonesia, the Board of Directors has not been able to protect them. The company law and BUMN are still limited to accommodating this principle, not yet explaining in detail what conditions and how this principle can be applied.The results of this study indicate that there are already regulating regulations related to the principles of the business judgment rule, but in the regulation it has not been implemented, because many who do not know the directors of state-owned enterprises can be protected by the principle of business judgment rules, and in those regulations not specific set criteria to meet the principles of the business judgment rule. Keywords-Business Judgment Rule; Directors; StateOwned Enterprises; Business Decisions; Indonesia
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