PERBUATAN MELAWAN HUKUM KOMISARIS TERHADAP PEMBERHENTIAN SEMENTARA DIREKSI PERSEROAN TERBATAS
Abstract: The A Limited
Liability Company has a company organ which runs the company functions, and the
activities of the staff of the organ are not for the interest of themselves but
for, on behalf of, and as a form of responsibility of the company as a legal
entity. The problems discussed here are: First, is the legal action of the
board of commissioners of PT. JOBS DB to temporarily suspend the board of
directors of PT. JOBS DB categorized as illegal? Second, what are the legal
effects of the action of the board of commissioners of PT. JOBS DB to
temporarily suspend the board of directors of PT. JOBS DB which is categorized
as illegal? This research aims to find out if the legal action of the board of
commissioners of PT. JOBS DB to temporarily suspend the board of directors of
PT. JOBS DB is categorized as illegal and the legal effects of the action of
the board of commissioners of PT. JOBS DB to temporarily suspend the board of
directors of PT. JOBS DB which is categorized as illegal. This research is a
normative legal study using qualitative analysis. This research concludes that
Sung Samuel Ham Wing as the commissioner of PT. JOBS DB and PT. JOBS DB have
violated the provisions regulating the procedures of the termination of the
member of the board of directors in both the Laws of Limited Liability Company
and the Articles of Establishment of the company, and they have performed the
illegal action in accordance to the Article 1365 of Civil Law Code. Therefore,
the action of the termination is illegitimate and must never be considered
exist.
Penulis: Eko Rial Nugroho
Kode Jurnal: jphukumdd131157
