IMPLEMENTASI GOOD CORPORATE GOVERNANCE DALAM MENYIKAPI BENTUK-BENTUK PENYIMPANGAN FIDUCIARY DUTY DIREKSI DAN KOMISARIS PERSEROAN TERBATAS
| Main Authors: | Darmabrata, Wahyono, Hertanto, Ari Wahyudi |
|---|---|
| Format: | Article eJournal |
| Bahasa: | eng |
| Terbitan: |
[ 8 ] JURNAL HUKUM BISNIS
, 2012
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| Online Access: |
http://lib.law.ugm.ac.id/ojs/index.php/jhb/article/view/2042 |
Daftar Isi:
- Fiduciary duty which is arranged by Law No. 1 of year 1995 about Limited Corporation is a duty and responsibility of directors and commisioners regarding their fucntions for the interest of corporation. Within their duties, their directions for the interest or corporation. Within their duties, the direcors and commisioners as corporation executives have to take full responsibility of corporate governance for the interest of corporation and to represent corporation in and out of court. The executives should report their shares and /or their family upon the corporation or another corporation. The Executives are banned to utilizing corporation for their personal interests and/others. According to the Corporation Law No. 1 of year 1995, the fiduciary duty has adopted good corporate governance principles that include transparency, accountability, responsibility, reliability and fairness. Even though all aspects of good corporate governance have been adopted by fiduciary duty of directors and commissioners of corporation, there should be on the alert for family corporation in which they have closed relationships amongst stakeholders, directors andlor commisioners or amongst key persons within affiliation and involve them in an affiliated transaction then in turn they may receive dividend indirectly or they may do insider trading, self-dealing, taking corporate property for the benefits of their crony through majority ownerships