KEBIJAKAN PENGANGKATAN MANTAN DIREKTUR PERUSAHAAN PAILIT SEBAGAI DIREKTUR PADA BADAN USAHA MILIK NEGARA DITINJAU DARI PRINSIP GOOD CORPORATE GOVERNANCE

Muhammad Abduh, . (2026) KEBIJAKAN PENGANGKATAN MANTAN DIREKTUR PERUSAHAAN PAILIT SEBAGAI DIREKTUR PADA BADAN USAHA MILIK NEGARA DITINJAU DARI PRINSIP GOOD CORPORATE GOVERNANCE. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

This research aims to analyze the legal policy concerning the appointment of former directors of bankrupt companies as directors in State-Owned Enterprises (BUMN), as well as the legal implications arising from such appointments. The research applies a normative juridical method using statutory and case study approaches related to the appointment of former bankrupt directors in BUMN. Primary legal materials consist of laws and regulations and court decisions, while secondary legal materials include scholarly writing and other credible legal documents. This research examines the validity of the appointment of former bankrupt directors in BUMN based on Article 93 of the Company Law in conjunction with Article 15 of the State-Owned Enterprises Law, which regulate the requirements for appointing members of the board of directors. The findings indicate that the appointment of Sigit Winarto as a director of PT JIEP was carried out before obtaining legal rehabilitation and while he was still within the five-year prohibition period, thereby contradicting the applicable legal provisions. Such an appointment violates statutory regulations and the principles of Good Corporate Governance and is therefore deemed legally invalid. Legal responsibility may be imposed on the relevant corporate organs, including the board of directors, the board of commissioners, and the General Meeting of Shareholders represented by the Minister of State-Owned Enterprises. Violations of these provisions may result in administrative sanctions, including written warnings, dismissal, revocation of appointment authority, revocation of business licenses, and restrictions on access to state capital participation. These findings highlight the importance of compliance with accountable governance to strengthen the integrity of State-Owned Enterprise management, as well as the need to strengthen selection mechanisms and background verification of prospective directors to prevent similar appointment cases, such as the appointment of Sigit Winarto, from occurring again.

Item Type: Thesis (Tesis)
Additional Information: {No. Panggil : 2310622030} {Pembimbing : Atik Winanti] [Pembimbing 2 : Irwan Triadi} {Penguji 1 : Heru Sugiyono} {Penguji 2 : Andriyanto Adhi Nugroho}
Uncontrolled Keywords: Appointment of Directors, Former Bankrupt Director, State-Owned Enterprises, Good Corporate Governance.
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S2)
Depositing User: MUHAMMAD ABDUH
Date Deposited: 22 Apr 2026 03:28
Last Modified: 23 Apr 2026 07:35
URI: http://repository.upnvj.ac.id/id/eprint/49879

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