Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah
Vol 5 No 6 (2023): Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah

Doktrin Business Judgement Rule pada Bank dengan Prinsip Syariah

Andi Fariana (Perbanas Institute)
Mohammad Wimbo Raksadigiri (Perbanas Institute)
Saripudin Saripudin (Perbanas Institute)



Article Info

Publish Date
01 Dec 2022

Abstract

The Board of Directors is one of the organs of a Limited Liability Company which has great duties, responsibilities and authority in managing the company, as well as directors of Islamic banks whose legal entity is also a Limited Liability Company. In carrying out their duties, the directors may take actions that result in losses for the company, and for this the directors must be held accountable. However, the business judgment rule doctrine suggests that the board of directors may not be held responsible for the company's losses as a result of its management as long as the board of directors is proven to have managed it in good faith and in accordance with the company's Articles of Association. For directors at Islamic banks, this doctrine is only one of the reasons that can cause directors to act professionally without fear of being wrong. In addition to the doctrine, the existence of the Sharia Supervisory Board (DPS) and commissioners is important because they participate in supervising and providing advice on the actions of the directors, and the main thing above all is the belief in the existence of divine accountability, all of which become one unit which in the end can give rise to actions that are solely for the benefit of the company and welfare. Keywords: Board of Directors, business judgment rule, Islamic bank

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Journal Info

Abbrev

alkharaj

Publisher

Subject

Economics, Econometrics & Finance Social Sciences

Description

AL-KHARAJ: The Journal of Islamic Economics, Finance & Business is a scientific journal published by the Center for Research and Strategic Studies (PRKS) of the Institute of Islamic Religion (IAI) National Laa Roiba Bogor. This journal contains scientific papers from academics, researchers and ...