Karya Ilmiah

DISERTASI (234) - Pertanggungjawaban Pribadi Direksi Pada Perseroan Terbatas Yang Pailit

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The legal issues discussed in this research are: (1). The philosophy of
personal responsibility of the Board of Directors of Limited Company based on
Act Number 40 of 2007; (2). Model of personal responsibility of the Board of
Directors of Limited Company that resulted in bankruptcy of Limited Company.
There are 4 (four) approaches used in this research are namely : (1).
Statutory Approach; (2). Conceptual Approach; (3). Case Approach; and (4).
Comparative Approach.

The conclusion of this research are : (1). In principle, the Board of
Directors shall not be personally liable for acts committed for and on behalf of the
company based on the authority it possesses. This is because the actions of the
Board of Directors are viewed as the actions of the Company which is the subject
of independent law so that the company is responsible for the actions of the
company itself which in this case is represented by the Board of Directors. Due to
the limited liability which is characteristic of the Limited Company, the Limited
Company must be responsible for the engagement made between the Company
and a third party. The principle of limited liability is what is often used by many
people to choose the form of legal entity Limited Company, because by using the
construction of the Limited Company, it can minimize the risk of losses that may
arise. On the basis of this motivation, in some cases people deliberately for one
type of business choose a separate Limited Company form. Sometimes even for
one type of business held in two or three separate Limited Company. In essence,
companies was economically a unity, but because juridically every legal entity
was viewed as an independent legal subject, then a bill to the Limited company
can not be sued to the personal property of its people, both its shareholders and its
management. However, in some cases the board of directors may also be held
personally liable in the event of bankruptcy of Limited Company when the
bankruptcy of the Limited Company is caused by errors / omissions made by the
Board of Directors in conducting the task of Limited company so that the law will
be imposed personal responsibility to the Director who is guilty / negligent ; (2).
In relation to the responsibility of the Board of Directors which due to the fault /
negligence resulted in bankruptcy of the Company, it can be classified the
personal responsibility of the Board of Directors in 3 (three) models, namely: a).
The Company and the Board of Directors are jointly bankrupted; b). The
Company is firstly bankrupt, then the Board of Directors shall be filed criminally;
c). The Company is bankrupt, if the bankruptcy property is not enough then the
Board of Directors is jointly responsible.

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Ketersediaan

031170151

234

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

234

Penerbit

Surabaya : Fakultas Hukum Unair., 2018

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERSEROAN TERBATAS

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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