AKIBAT HUKUM PEMBATALAN PENETAPAN PENGAMPUAN PEMEGANG SAHAM SEKALIGUS DIREKTUR TERHADAP PERBUATAN HUKUM YANG DILAKUKAN PENGAMPU DALAM PERSEROAN (Studi Penetapan Pengadilan Negeri Surabaya No. 505/ Pdt.P/ 2009/ PN.SBY dan Putusan Pengadilan Negeri Surabaya No. 694/ Pdt. G/ 2009/ PN. SBY)
| Main Authors: | , KHILDA NIHAYATIL INAYAH, , RA Antari Innaka S.H., M.Hum |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2013
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/123122/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=63233 |
Daftar Isi:
- This thesis is written aiming at investigating the consideration the judges of Surabaya District Court No. 694/ Pdt. G/ 2009/ PN.Sby which nullified the stipulation of Surabaya District Court No. 505/ Pdt. P/ 2009/ PN.Sby regarding the costudy of the shareholder and direktor and investigating the legal consequences for legal acts conducted by the custodian as the director of the company. This research belongs to a juridical-empericah research, that employed an approach to the problems by investigating phenomena in the issue found in the research related to the laws and regulations. Flied research was conducted by means of tehe interview by applying an instrument in the form of interview guide. Primary and secondary data were analyzed qualitatively by classifying them systematically and analyzed inductively. Conclusion was draw from each statement of problems. The research result indicate that the judges of Surabaya District Court in stipulating the plea No. 505/ Pdt. P/ 2009/ PN.Sby regarding the costudy of the shareholder is appropriate because children of the first marriage, so that the verdict of No. 694/ Pdt. G/ 2009/ PN.Sby is considered innappropriate. However, the verdict of the district court which nullified the stipullation of custody on the director is consedered appropriate because the Articles of Assosiation of PT. Rejeki Saka Jaya has regulated that the condition in which the diretor cannot run the company is replaced by the commissioners. The legal consequences for the legal acts conducted by the custodian as the director before the stipulation of the district court which nullified the custody is still valid and becomes the responsibility of company as long as the policy made by the director does not contain negligence conducted by the director.