The development of era requires people to move forward. One of them is the progress in the field of business that requires additional funding from the Bank. Extension of credit by the Bank generally will be accompanied by additional collateral in the form of movable or immovable objects. Collateral with moving objects is referred to as fiduciary collateral. Article 23 paragraph (2) of the Fiduciary Law No. 42 of 1999 states that the Giver of Fiduciary may not assign, pledge, or lease to another party objects into objects that do not constitute Fiduciary inventory objects, except with the prior written consent of the Beneficiary of Fiduciary . In fact, there are debtors who transfer their objects of collateral that resulted in losses to the Bank. Based on the gap between the das Sein and the das Solen, then it can be formulated problems of how the protection of the rights of creditors in the case of the transfer of collateral objects by the debtors to a third party and what legal actions can be taken by the creditors in the event of the objects of fiduciary collateral are transferred to any third parties by the debtors at the time of execution of the fiduciary security object.
aABSTRAKa Penulisan ini berjudul Perlindungan Hukum Terhadap Pemegang Saham Perseroan Terbatas Akibat Putusan Pailit. Di dalam Metode penelitian ini menggunakan penelitian hukum normatif. Pemegang saham minoritas dan pemegang saham mayoritas memiliki ha katas perusahaa. Pemegang saham mayoritas memeiliki hak dalam mengangkat para pengurus dari perusahaan atau PT, serta mengendalikan perseroan tersebut serta mengambil keputusan di dalam perusahaan termasuk menentukan gaji serta fasilitas para pejabat dalam perusahaan serta memutuskan keuntungan yang boleh dibagikan. Dalam perlindungan hukum pada pemegang saham myoritas sudah terjamin terutama melalui RUPS. Serta pemegang saham minortas perlu mendapatkan perhatian. ABSTRACT This writing is titled Legal Protection of Limited Liability Shareholder Limited Liability Corporation ofpBankruptcy Decisions. Theiresearch methodpusedpisonormativeolegallresearch.pResultpof this writing explain,ppthe remaining shareholders are calledppminority shareholders.zzThe majority shareholders havekkfull rights topthe company.kThe majority shareholders who have the right to appoint company managers and control the company and make important decisions for the company including determining the salaries and facilities of company officials and deciding what benefits to share as dividends. Legal protection for the majority shareholders is guaranteed, especially through the RUPS. While the protection for minority is something new and lack of attention.
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