REVITALISASI TANGGUNG JAWAB DIREKSI PERSEROAN TERBATAS "TBK " DALAM IKATAN PERUSAHAAN GRUP

Indriyo, Mahendra S (2010) REVITALISASI TANGGUNG JAWAB DIREKSI PERSEROAN TERBATAS "TBK " DALAM IKATAN PERUSAHAAN GRUP. Phd thesis, UAJY.

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Abstract

This is a study of Directors alignments in carrying out their duties when there is a conflict of interest between corporate interests and majority of share holders interests in the Group Company. The type of research is mainly normative of philosophy and intends to find the legal principles of the positive legislation rules and legal doctrine. To obtain optimal truth about the legal principles, it will add the empirical data analysis as its support. Pattern of relationships between a group company of PT in the field of economics, management, and law, on the one hand is to achieve positively maximum efficiency and profitability within the framework of group corporate interests, but on the other hand potentially cause the loss to its stakeholders. The natures of special relationship inter PT occurres because of bound of the share ownership or bound for any other reason. This has led to discriminative patterns of economic transactions against the other party. In Indonesia, there has been a reorientation of the corporate interests of the shareholders to stakeholders. Orientation of corporate interests to the stakeholders is the spirit and objectives to be achieved in modern business. Doctrine of stakeholders that grew and developed in the West is the antithesis of the doctrine of shareholders (stockholders) that was influenced by Individual, Capitalists, and Liberal concept. The Doctrine of stakeholders in corporate management is actually a spirit ofPancasila economy which has orientation to balance life as a person and as a citizen. When the Board of Directors of PT (Tbk) in a corporate group deals with conflicts of interest while performing his duty, he should be more pro to the interests of PT (Tbk) which become his responsibility and provide protection to the interests of its stakeholders. This is the form of Directors professional commitment with high moral and ethic. The position of RUPS (Annual General Meeting of Shareholder) is as a source of supreme power in the Company, and this kind of authority is not given to the Directors and Board of Commissioners institution. This is to prevent the organs of Directors/Commissioners to be positioned just as a 'puppet" by the RUPS.

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