Tanggung Jawab Direksi Perseroan Terbatas Atas Perbuatan Melawan Hukum Di Indonesia

Muhammad Rizqy Putra
2021 Jurnal Lex Renaissance  
This research is motivated by legal problems that occur in Dasep Ahmadi and Hotasi Nababan, both of whom have committed acts against the law in their duties as directors who run the company. The problems to be answered in this research are how the responsibility of the board of directors of a limited liability company for unlawful acts committed by the board of directors in Indonesia and how is the legal remedies for the loss of the company due to unlawful acts committed by the board of
more » ... s in managing a limited liability company. This research using normative juridical method. The results of this study conclude that first, unlawful acts become a problem for the board of directors in managing the company, as a result the company suffers losses, the negligence of the directors in managing the company legally requires the directors to take full personal responsibility as stipulated in Article 97 paragraph (3) of the Company Law. Second, Dasep Ahmadi and Hotasi Nababan have carried out their personal responsibility in accordance with these provisions and for the fulfillment of compensation for the company, they can file a claim for compensation based on Article 61 paragraph (1) and Article 97 paragraph (6) of the Limited Liability Company Law and/or file a claim for compensation. losses based on unlawful acts as regulated in Article 1365 of the Civil Code.
doi:10.20885/jlr.vol6.iss1.art8 fatcat:vnph6ph3knbr7duw4sytcxnxqy