Author(s): M. Iqbal Asnawi, Jacek Zalesny, Radhali, Andi Rachmad
ABSTRACT The management of BUMN in Indonesia has become a polemic in itself, especially regarding the state's financial mechanisms. The need for legal certainty for the Board of Directors as the highest leadership in the BUMN position structure is still a dilemma in the rules for managing the State's financial mechanisms. On the one hand, the Directors become a mouthpiece as a development agent, on the other hand, the Directors become a bureaucrat who must carry out their duties and functions in accordance with applicable regulations. What needs to be analyzed further in this research is how BUMN is managed over the controversy regarding BUMN wealth and finances, what is the responsibility of the Board of Directors for the management of BUMN which causes state losses. This research uses a normative approach from a formal legal perspective which examines statutory regulations or legal norms with various theories, concepts and legal principles to obtain juridical truth. The results of the research conclude that first, the controversy regarding the wealth and finances of BUMN not only provides legal certainty for the Directors but must also protect the Directors from various policy breakthroughs to advance and prosper the Indonesian people within the State through BUMN. Second, the PTPK Law often ensnares BUMN directors because it fulfills the elements in Article 2 and Article 3. This is different if the BUMN is in the form of a Persero which is also subject to the Limited Liability Company Law, in the provisions of Article 97 paragraph (5) which basically states that Directors cannot be held responsible for the company's losses if they can prove that the directors have carried out their duties in accordance with existing procedures and in making decisions, the directors have done so in good faith, prudence and there is no conflict of interest, then BUMN directors cannot be held responsible.