TANGGUNG JAWAB DIREKSI PT SAHAR GROUP DALAM MEMBUAT KEPUTUSAN YANG MENYIMPANG DARI PERJANJIAN

Wicaksono, Yohanes Andre (2022) TANGGUNG JAWAB DIREKSI PT SAHAR GROUP DALAM MEMBUAT KEPUTUSAN YANG MENYIMPANG DARI PERJANJIAN. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

The entitled "Responsibility of the Directors of Pt Sahar Group in Making Decisions to Sell From the Agreement" with the research objective that the author hopes to find out and analyze the legal consequences of the actions of the Directors of PT Sahar Group in making decisions to sell from the sale and purchase agreement in terms of the law Law 40 of 2007 concerning Limited Liability Companies. This research is normative research, data collection used in research using literature study and analyzed using descriptive analysis. Based on the results of the study, the directors made deviating decisions by not withdrawing debtors who made payments in arrears for four months . The directors did not take over debtors who were in arrears of more than 4 months . The directors also made decisions to buy new land, while the land that was long ago there were still many bad loans, so that the company's capital was reduced in this case the director had violated Article 92 UUPT. The Legal Consequences of the Actions of the Board of Directors of PT Sahar Group in Making Decisions to Sell From the Sale and Purchase Agreement Judging from Law 40 of 2007 concerning Limited Liability Companies against violations by the Directors that are clearly detrimental to shareholders because it will indirectly cause the profits they receive to be reduced. Thus, the director is personally responsible in accordance with the provisions of Article 97 paragraph (1) UUPT and (2) UU no. 40 of 2007 which stipulates that the director is responsible for managing the company where management must be carried out by each member of the board of directors in good faith and full of responsibility. Directors who commit violations can be terminated based on the company's General Meeting of Shareholders (GMS). The directors concerned must be held accountable for their actions independently according to their actions, and the directors concerned may be subject to sanctions as stated in the company's General Shares Posting Letter (GMS).

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