Business Judgment is Not a Crime (Suatu Pandangan tentang Resiko Investasi, Keputusan Bisnis, Itikad Baik, dan Batas Pidana)

Abstract

Criminal law exists to punish those who commit crimes, not those who make business decisions in good faith that turn out not to be as expected. However, fair law enforcement must be able to distinguish between malicious intent to enrich oneself unlawfully with business decisions taken professionally and with good intentions but then facing the risk of loss. Using normative legal research methods with the approach of Limited Liability Company Law Number 40 of 2007 and the Corruption Crime Law. This study concludes that investment decisions taken in good faith, through correct procedures, without personal enrichment can be criminalized simply because the investment is unsuccessful because an intrinsic part of the venture capital business model is the risk of failure, resulting in Not All Investments will be successful. When business risk is judged as a crime, who dares to innovate.