PERLINDUNGAN HUKUM TERHADAP PEMEGANG SAHAM MINORITAS BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS
| Main Authors: | , Ririn Andayana, , Prof. M. Hawin, S.H., LL.M., Ph.D. |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/90928/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=53681 |
Daftar Isi:
- The research on the legal protection of minority shareholders on the basis of Law number 40 year 2007 regarding Limited Liability Company (Company Law) aims to determine whether this form of protection for minority shareholders under the Company Low has been able to represent the needs of law in society, and remedies that can be achieved in terms of the decision of General Meeting of Shareholders (GMS) does not reflect the legal protection for minority shareholders under the Company Law (CL). The research is normative legal research (library research) are conducted to obtain secondary data through library research related to the formulation of the problem and based on the applicable legislation. Data obtained from the research result will be analyzed qualitatively to be described later. The results showed, that the form of legal protection of minority shareholders under the CL is giving rights to minority shareholders representing at least 1/10 (one tenth) of the total shares with voting right to ask the GMS held (Article 79 paragraph (2)), examination of Company Limited (Article 138 paragraph (3)), filed a dissolution of the Limited Company at the AGM (Article 144 paragraph (1)), filed a lawsuit against the Board of Directors (Article 97 paragraph (6)), filed a lawsuit against the Commissioner (Article 114 paragraph (6)), and protection given to each shareholder to file a lawsuit against the Company Limited (Article 61 paragraph (1)), requested its shares be bought with reasonable price (Article 62 paragraph (1)), has one vote (Article 84 paragraph (1)), attended the AGM (Article 85 paragraph (1)), filed a dissolution of Company Limited on the court (Article 146 paragraph (1)), regarding remedies that can be taken in the case of the AGM�s decision does not reflect the legal protection for minority shareholders based on the Company Law is asked the court to intervene into Company Limited by filing a lawsuit and use the right to exit from the company (Appraisal Right).