Penegakan Hukum dalam Pemaknaan Asas Keadilan dan Penerapan Doktrin Piercing the Corporate Veil dalam Hal Timbulnya Kepailitan Perseroan Terbatas

Haykal, Hassanain and Ibrahim, Johannes (2011) Penegakan Hukum dalam Pemaknaan Asas Keadilan dan Penerapan Doktrin Piercing the Corporate Veil dalam Hal Timbulnya Kepailitan Perseroan Terbatas. Jurnal Hukum Bisnis, 30 (3). pp. 39-48. ISSN 0852-4912

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Abstract

As a legal entity limited liability company has certain intention and purposes in its activities. The formulation of company's purposes and objectives are stated in the articles of company statutes which refers to the limited liability laws, thus directly or indirectly tied to the entity. Elaboration of the intent and purpose must be carried out with full responsibility, precaution and relies on good faith, mainly by directors and commisioners. The Statutes will provide the basis for the Board of Directors and Comissioners in the performance of their duties in order to achieve the company purposes and objectives. However, in a certain condition a limited liability company can not attain its goals and objectives due to bankruptcy. In this case the shareholders, directors, and Commissioners are obliged to provide external and internal accountability. The external accountability is to pay obligation debts to the third parties while internal accountability is the accountability of majority shareholders, directors and commisioners to minority shareholders. Piercing the corporate veil principles will become a medium to expose the veil of company if in carrying out their duties and authorities the Directors and Commisioners have been violated the rules by acting for and on personal interests. Through the piercing of corporate veil principles then limited liability of directors and commisioners will be broken for creating justice.

Item Type: Article
Subjects: K Law > K Law (General)
Depositing User: Perpustakaan Maranatha
Date Deposited: 15 Apr 2015 08:39
Last Modified: 02 Oct 2017 01:49
URI: http://repository.maranatha.edu/id/eprint/11811

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