TANGGUNG JAWAB KOMISARIS PERSEROAN TERBATAS TERHADAP TINDAK PIDANA USAHA PERASURANSIAN (Studi Kasus Putusan PT Baliconsultant Life Insurance)

Samosir, Oscar Alaska (2017) TANGGUNG JAWAB KOMISARIS PERSEROAN TERBATAS TERHADAP TINDAK PIDANA USAHA PERASURANSIAN (Studi Kasus Putusan PT Baliconsultant Life Insurance). S1 thesis, UAJY.

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Abstract

Responsibility of the commissioners of the company against the crime of insurance business (Case Study of PT. Baliconsultant Insurance Life) In principle, the Board of Directors has the duty to run the company's activities, while the commissioner only oversees and advises the Board of Directors, so that the Board of Directors is responsible for what the company does. The problem arose when I Made Parisadnyana as the President Commissioner was convicted of a criminal act of running an insurance business without permission. Whereas if it refers to the principle of business law, which should be responsible is the Board of Directors. However, in this case the Panel of Judges found the fact that the defendant actively carries out the business so that the authority of the Board of Directors is not maximal. This research will explain in what way the Commissioner may be charged with criminal responsibility in an insurance business. This research uses normative research method by using secondary data as research data. The results of this study indicate that the Commissioner can indeed be subjected to criminal liability while it can be proven that the Board of Commissioners exceeds its authority, not always the Board of Directors who may be liable for criminal responsibility. It is stipulated in the Law of Limited Liability Companies and the Insurance Business Act. Kata Kunci: tanggung jawab pidana, komisaris, tindak pidana perasuransian

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