Bisnis.com, JAKARTA — The directors of BUMN are not state administrators, which has become a public concern which has given rise to new complications.
Executive Director of The Prakarsa Ah Maftuchan said that the leaders of State-Owned Enterprises (BUMN) are not state administrators starting from the habits in the United States. According to him, the habit is known as the business judgment rule or BJR.
"The point is that this regulation stipulates that steps taken by executives in a company cannot be blamed criminally, as long as they are carried out within accountable business corridors," he said in a Broadcash chat on the Bisniscom Youtube channel.
According to him, BJR is quite loose. Because, with the condition of BUMN in Indonesia which often gets political intervention, this principle has the potential to further reduce the accountability of BUMN management. Because, BJR will place the board of directors in the civil realm.
"Then law enforcement to enter the criminal realm must obtain mensrea or evil intent in legal language. This is difficult if I as a director say my intention is good for business development, yes, something that is difficult to prove," he added.
He continued, in the business context, always use what is written in business documents, for example financial balance sheets, including stock values, all of which are numeric and can be attached.
"Meanwhile, mensrea cannot be measured numerically. It is difficult because intentions cannot be measured numerically. Good intentions must be reflected in written reports, which can be accounted for in the context of company reports such as company bookkeeping. This is what reduces the accountability of BUMN management," he said.
According to him, in the United States the practice of BJR is full of debate and not as smooth as expected. In Indonesia, in the context of BUMN, there are state roles that must be carried out and funded by state capital participation (PMN).
"This is state money, the APBN and then included in certain BUMN, to organize things or programs prioritized by the government. If using BJR, how will the accountability for the use of state capital participation be. This will create new complications," he concluded.
Author: MG Noviarizal Fernandez
Editor: Wibi Pangestu Pratama
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