Rahma, Iftinaity Shaumi and Priyono, FX. Joko and Hananto, Pulung Widhi Hari (2024) THE VALIDITY OF TEMPORARY DISMISSAL OF DIRECTORS OF A LIMITED LIABILITY COMPANY BY THE BOARD OF COMMISSIONERS WITHOUT THE RIGHT TO SELF-DEFENSE THROUGH THE FORUM OF AN EXTRAORDINARY GENERAL MEETING OF SHAREHOLDERS. _164 Dagang 2024. Undergraduate thesis, Fakultas Hukum Universitas Diponegoro.

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Abstract

Temporary dismissal of directors by the board of commissioners should be held in proper mechanism. Proper mechanism refers to providing clear reasons and carried out through an extraordinary general meeting of shareholders decision, in which is mandatory to comply with valid attendance and decision-making procedures. Thus, provide the right to self-defense and convene an extraordinary general meeting of shareholders. This research aims to understand and analyze the validity and the legal consequences arising from the absence of right to self-defense and extraordinary general meeting of shareholders, in the matter of temporary dismissal of directors of a limited liability company by the board of commissioners that should be based on the Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas (Law
Number 40 of 2007 concerning Limited Liability Company) and the company’s articles of association. This research employs normative legal research, specified in statute, historical, case, and comparative approach. By utilizing this research specification uses the type of data refers to primary, secondary, and tertiary legal materials. The method of collecting data utilize secondary data, with legal interpratation as the data analysis methods that is referred to both grammatical interpretation method
that focus on noscitur a socis approach, and comparative interpretation method. This research findings indicate that legal protection against the procedural dismissal to directors of the limited liability company, that consist of temporary dismissal and immediate dismissal that is not held in proper mechanism and given the right to file for lawsuit before the court, is stipulated in Pasal 106 & 105 Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas (Articles 106 & 105 of the Law Number 40 of 2007 concerning Limited Liability Company), and Pasal 1365 Kitab Undang-Undang Hukum Perdata (Article 1365 of the Civil Code).
Ensuring the legitimacy of the dismissal process of director by the board of commissioners in order to guarantee legal protection through the forum of extraordinary general meeting of shareholders to exercise the right to self-defense whether to strengthen or revoke the temporary dismissal decision, is crucial by the panel of judges in determining a judge’s decision. The losses suffered by the directors resulted in the legal consequences to file for lawsuit concerning the procedural error in dismissing the directors by the board of commissioners.
Keywords: Temporary Dismissal, Right to Self-Defense, Extraordinary
General Meeting of Shareholders

Item Type:	Thesis (Undergraduate)
Uncontrolled Keywords:	Temporary Dismissal, Right to Self-Defense, Extraordinary General Meeting of Shareholders
Subjects:	Law
Divisions:	Faculty of Law > Department of Law
Depositing User:	Users 201 not found.
Date Deposited:	26 Aug 2024 03:29
Last Modified:	26 Aug 2024 03:30
URI:	https://eprints2.undip.ac.id/id/eprint/24958

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