ANALISIS TANGGUNG JAWAB HUKUM DIREKSI DALAM KASUS PENYALAHGUNAAN FASILITAS PEMBIAYAAN KORPORASI OLEH PT PETRO ENERGY TERHADAP LPEI

Abstract

The case of misuse of corporate financing facilities by PT Petro Energy, which resulted in significant losses to the Indonesian Export Financing Agency (LPEI), represents a concrete example of corporate governance violations and the abuse of directors’ authority that ultimately caused state financial losses. This study is motivated by the urgency to understand the extent of the legal liability borne by the Board of Directors when their actions, directly or indirectly, involve document manipulation and the unlawful use of credit facilities to obtain export financing. The purpose of this research is to analyze the forms of legal responsibility of the Directors based on the Limited Liability Company Law, civil law, and the Anti-Corruption Law, as well as to examine the application of these legal provisions in relation to state losses. The research employs a normative-dogmatic legal method with a statutory and case-based approach, referring to indictments and judicial proceedings in the LPEI corruption case. The results show that Directors may be held personally liable if proven to have committed or permitted acts that violate prudential principles and good faith, including benefiting from fictitious documents. In conclusion, the Directors’ responsibility is comprehensive, encompassing civil, criminal, and corporate aspects, with implications for state loss recovery and the strengthening of corporate governance.