Violations Of The Board Of Directors Of Pt. Sunwa Akuratama Engineering Batam According To Limited Liability Liability Law (Analysis Of Decision Number: 6/Pdt.G/2021/PN Btm)

Authors

  • Ahmad Alfin Husaini Universitas Pamulang

Keywords:

Bad faith, unlawful acts

Abstract

The Board of Directors in a limited liability company can be likened to the lifeblood because the Directors are tasked with managing the company well for the sake of the company's sustainability. Directors are obliged to carry out their duties in good faith as regulated in Law Number 40 of 2007 concerning Limited Liability Companies. The main problem in this research is how the forms of Directors' violations are reviewed according to Law Number 40 of 2007 concerning Limited Liability Companies in the case of PT. Sunwa Akuratama Engineering Batam and how the Board of Directors is responsible for violations committed in the PT case. Sunwa Akuratama Engineering Batam. Company Directors should run the Company in good faith based on Article 97 of Law Number 40 of 2007 concerning Limited Liability Companies. As in the case in Decision Number 6/Pdt.G/2021/PN Btm, it was stated that the Board of Directors ran the Company without ignoring good intentions. The method used in this research is normative juridical with a case approach and a statutory approach. So the aim of our research is to find out the responsibilities and legal consequences of directors for bad faith in running a company. So the results of this research based on the PT UUPT state that the Directors of PT. Sunwa Akuratama Engineering Batam does not use good faith in running the Company

References

Indonesia, Civil Code

Law on Limited Liability Companies, Law no. 40 of 2007

Book

Adrian Sutedi, Smart Book on Limited Liability Company Law, Jakarta: Achieve the Hope of Success, 2015

M. Yahya Harahap, Limited Liability Company Law, Jakarta: Sinar Graphics, 2011.

Munir Fuady, Modern Doctrines in Corporate Law and Their Existence in Indonesian Law, Bandung: PT Citra Aditya Bakti, 2002.

Ridwan Khairandy, Principles of Indonesian Commercial Law, 1st Printing, Yogyakarta: FH UII Press, 2013.

Journal or Article

Aisyah, Amilia Amir Saputra, Sumriyah, (2023), Legal Consequences of Directors of Bad Faith in Preparing Company Annual Reports, Journal of Law and Social Politics, Trunojoyo University Madura, Vol.1, No.2

Cecil Natasya, (2022), Responsibilities of Directors in Submitting Overstatement Financial Reports , Law Journal, Trisakti University, Vol.1, No.1

Downloads

Published

2024-08-16