Communication Psychology Expert Soroti 'Outcome Bias' in the Case of the Law of State-Owned Enterprise Commissioner.

Dr. Geofakta Razali, highlighted that a number of legal cases involving state-owned enterprise professionals have emerged. (LSPR Doc)

JAKARTA - The government of President Prabowo Subianto is reminded of the great risk if the trend of criminalization of professionals in State-Owned Enterprises (BUMN) continues. This phenomenon is considered to trigger systemic fear for the best talents of the nation to contribute to improving the performance of red plate companies.

Communication Psychology Expert, Dr. Geofakta Razali, highlighted that the emergence of a number of legal cases involving state-owned enterprise professionals is often perceived by the public as an effort to find a "scapegoat".

"There is a concern that a number of legal cases are perceived as an attempt to find a scapegoat. In the end, this makes the best individuals afraid to make business decisions," said Geofakta in a written statement in Jakarta, Sunday (8/2/2026).

Anomalous Law: Arief Pramuhanto Case and Business Risks

Geofakta refers to several professional names who have been dragged into the legal whirlpool, such as the former President Director of PT Pelindo II RJ Lino to the President Director of PT ASDP Indonesia Ferry Ira Puspadewi. However, he emphasized the latest case that ensnared Arief Pramuhanto, the former President Director of PT Indofarma who was convicted while serving as a subsidiary Commissioner, PT Indofarma Global Medika (IGM).

Although it was not proven to receive funds and had carried out formal oversight functions, Arief was still found guilty. According to Geofakta, this is a dangerous legal anomaly.

"Trapping the Commissioner into the criminal realm on the surface looks like legal caution. However, in depth, this reveals a serious institutional communication problem," he explained.

The Dangers of "Outcome Bias" for State-Owned Enterprise Professionals

In organizational psychology, Geofakta explains the existence of outcome bias - namely the tendency to judge the right or wrong of a decision based only on the final result, not on the process and intentions.

"The logic of the law collapses by a dangerous psychological assumption: if there is a loss, there must be a negligent party. If there is a negligent party, there must be a punishment," he said.

In fact, according to regulations, the position of Commissioner is limited to oversight and advice, not daily operational execution.

The Death of the Business Judgment Rule (BJR) Principle

The modern business world knows the principle of Business Judgment Rule (BJR) which is protected by the Limited Liability Company Law. This principle guarantees that as long as decisions are made in good faith, without conflicts of interest, and for the benefit of the company, the losses that arise are business risks, not criminal acts.

Without the protection of BJR, Geofakta predicts a bad impact for SOEs in the Prabowo era:

Talent loss: Great professionals will avoid positions in SOEs. Stagnation of Innovation: Directors and commissioners will choose "playing it safe". Decreased Competitiveness: SOE transformation is hampered by fear of taking strategic risks.

"Psychologically, BJR is an organizational security mechanism. Without fair legal certainty, the agenda for reforming and transforming SOEs in the era of President Prabowo could be hampered," concluded Geofakta.