PERLINDUNGAN HUKUM PARA PEMEGANG SAHAM DALAM PROSES PERMOHONAN PEMBUBARAN PERSEROAN TERBATAS KEPADA PENGADILAN: Studi Putusan Nomor: 534 K/Pdt/2014

Hapsari, Puspita Ika; Sihabudin, Sihabudin; Santoso, Budi

doi:10.18860/j.v10i2.7363

Cited by 2 publications

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“…Under certain circumstances or for certain reasons, the Limited Liability Company can no longer continue its activities, in other words it must be dissolved. [4] Along with the development of the business world with its various problems, it turns out that the Limited Liability Company cannot be separated from issues that touch the existence of the company itself. Limited Liability Company as a legal entity, was born and created based on a legal process.…”

Section: Introductionmentioning

confidence: 99%

Liquidator Professional Responsibility in Company Liquidation

Gunawan

Suhariningsih

Winarno

et al. 2021

IJMMU

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The dissolution of a Limited Liability Company is basically something that isn’t desired by the shareholders, therefore the implementation of the dissolution of a Limited Liability Company should be avoided as much as possible, because the dissolution of a Limited Liability Company will provide great losses for the shareholders of the company and the parties directly related to the Company Limited. Pursuant to Article 142 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies, the dissolution of a Company may occur due to: First, based on the resolution of the General Meeting of Shareholders; Second, because the period stipulated in the articles of association has ended; Third, based on a court order; Fourth, with the revocation of bankruptcy based on the decision of the commercial court which has permanent legal force, the Company's bankruptcy assets are not sufficient to pay bankruptcy costs; Fifth, because the Company's bankrupt assets that have been declared bankrupt are in a state of insolvency as regulated in the Law on Bankruptcy and Postponement of Debt Payment Obligations; Sixth, due to the revocation of the Company's business license, which requires the Company to conduct liquidation in accordance with the provisions of laws and regulations. Based on the research results, the liquidator must make and submit a report on the liquidation implementation process, the report contains the responsibility for the liquidation he did. Furthermore, the accountability report is given and submitted by the liquidator to the General Meeting of Shareholders, the District Court, the liquidator is obliged to notify the final result of the liquidation to the Minister, the liquidator is also required to announce the final result of the liquidation process in a newspaper, the liquidator is responsible to the General Meeting of Shareholders or the court that appointed it for the liquidation of the Limited Liability Company. There is a criminal sanction, and if it can be proven that the liquidator acted the opposite / cheated arbitrarily in the sense of not clearing all company affairs in the context of liquidation, then the liquidator can be prosecuted by reporting violations of the code of ethics, and the Liquidator has the right to attend a lawsuit in court , Liquidators have the power to maintain and dispose of assets, Liquidators have general administrative power, Liquidators have continuous control rights over the Company's liquidation assets, Liquidators have the right to sell the liquidated assets.

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Section: Introductionmentioning

confidence: 99%

Liquidator Professional Responsibility in Company Liquidation

Gunawan

Suhariningsih

Winarno

et al. 2021

IJMMU

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“…Adaro Energy, Tbk for the period of 2011-2017 using the method of Economic Value added (EVA. Thus, in addition to being stakeholders, shareholders are also often referred to as bagholders (Hapsari et al, 2020). Because of its important position, it is only natural that the law should guarantee the protection of shareholders in a company at any time.…”

Section: Introductionmentioning

confidence: 99%

Minority Shareholders’ Legal Protection in a Limited Liability Company System

Sukarmo¹,

Haq²,

Asikin³

et al. 2021

J. Sib. Fed. Univ., Humanit. soc. sci.

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The purpose of this study is to determine the legal protection model for the majority and minority shareholders in public limited companies. This research method is normative research. To investigate the ineffectiveness of laws and regulations, in particular, Law No. 40 of 2007 on limited liability companies in providing shareholder protection, researchers have studied the laws and regulations and considered the views of experts on legal concepts related to legal protection for shareholders, particularly, minority shareholders. The results showed that the law did not provide maximum legal protection for minority shareholders, creating an imbalance between the rights of the minority and majority shareholders. For this reason, 1) reform or progressive changes in laws and regulations are needed, for instance, in PT Law No. 40 of 2007. These changes should be fundamental to philosophical aspects (values and perspectives) in providing shareholder protection; 2) the review of shareholders’ protection methods should be based on the aspects of fairness

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PERLINDUNGAN HUKUM PARA PEMEGANG SAHAM DALAM PROSES PERMOHONAN PEMBUBARAN PERSEROAN TERBATAS KEPADA PENGADILAN: Studi Putusan Nomor: 534 K/Pdt/2014

Cited by 2 publications

References 0 publications

Liquidator Professional Responsibility in Company Liquidation

Liquidator Professional Responsibility in Company Liquidation

Minority Shareholders’ Legal Protection in a Limited Liability Company System

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