Sengketa Pengalihan Saham Perseroan Terbatas Yang Disepakati Berdasarkan Investment Agreement

Abstract

in term of business, limited company (pt) need an investor, therefore the investment agreement madeamong them, however dispute can also arise. one of the example is between pt. ctpi with pt. bKb in the case of shares transfer which has been agreed upon in the investment agreement.but in the dispute settlement there is a contradiction about the disputesubject particularly on the implementation of investment agreement with unlawful acts that have nothing to do with the investment agreement.method used in this study is the normative legal research method, the case dismissed by the District court on Decision number 10 / pDt.g / 2010 / pn.JKt by stating that this dispute is not an implementation of the investment agreement and then strengthened to the level of review in the supreme court based on Decision number 238pK / pDt / 2014 while in the appeal level of Judge decided that this is a dispute over the implementation of the investment agreement. based on the review undertaken in this paper, an answer was obtained that the Judge at the District court and the supreme court had ignored the binding power of the investment agreement and disrespected the agreement that had been made on the theory of justice as the basis for contracting.