TANGGUNG JAWAB DIREKSI TERHADAP PEMEGANG SAHAM BERITIKAD BAIK ATAS PEMBELIAN KEMBALI SAHAM YANG BATAL KARENA HUKUM
ABSTRACT: The
responsibility of director
as the result
of negligence in
performing the work
to the stakeholders is
as full responsibility. Regarding
the responsibility, the
director must return
all losses suffered by
stakeholders since repurchase of the
shares is against the prevailed law in
company. The thesis
studied some problems
about the responsibility of
director and stakeholders
in running company, how is legal
clause governing repurchase of share by
the company, and how is the responsibility of director to stakeholders
with good-will on
repurchase of postponed shares by legal according to Act No 40
of 2007 concerning with limited company.
The method of research used
was normative research method by collecting
data from library and secondary data from books, articles, newspapers
and magazines as well as laws. The results of research concluded
that the responsibility of
director is fully
to implement and run the
company, whereas the responsibility of stakeholder is limited to and
focus on the principle of
separate entity and corporate
entity producing limited stakeholders. Legal clause governing repurchase of
shares by the company is
UUPT which allows the company
to repurchase its shares and can
be seen in article 37, article
38, article 39 and article 40
UUPT.
Penulis: Marhara Tua Mulyadi
Tambunan, Ramli Siregar, Windha
Kode Jurnal: jphukumdd130578