PERTANGGUNGJAWABAN DIREKSI KARENA KELALAIAN ATAU KESALAHANNYA YANG MENGAKIBATKAN PERSEROAN PAILIT
ABSTRACT: Company Limited as a
legal entity has the responsibility to limit. He admitted the company as an institution incorporated
under the Act,
has placed the
company as a
legal subject that
is considered competent to
perform legal actions
and be responsible
for all legal
actions he made.
One of the important
organs in the
course of the
company are directors.
Directors are given
confidence by the shareholders through
the mechanism of the General
Meeting of Shareholders
to be organ
of the company who takes care of
and manage the company. In this case, if there is loss of wealth caused by the actions
of the company's
directors are incorrect,
negligent or committed
an unlawful act,
the company is the only party entitled to claim the loss.
There is no clear and definite statement regarding the position of
directors in a company, which is obviously the company's board of directors is
the governing body of the most high, and has the right and authority to run the
company. In other words, the board has the scope of duties as a board member of
the company. The
Company can’t be
separated from the
possible inability to
pay debts that
have matured and can be charged by creditors, then the existence of such
circumstances, the company may be
filed for bankruptcy.
In the care
of the company,
directors should not
be mistaken or
negligent. Directors said wrong or negligent which resulted in the
company declared bankruptcy, namely the lack of good faith
by the board
of directors to
pay off debts
to creditors. Directors
negligent carry out
debt payments to creditors.
So the directors
can be held
liable jointly and
severally through bankruptcy proceedings in the Commercial
Court.
Penulis: Martha Vivy E.P, Ramli
Siregar, Windha
Kode Jurnal: jphukumdd130579
