KAJIAN HUKUM TENTANG AKIBAT HUKUM PUTUSAN PAILIT TERHADAP SUBYEK HUKUM ORANG (PERSOON) DAN BADAN HUKUM (RECHTSPERSOON) PERSEROAN TERBATAS
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Institusion
Universitas Darul ulum
Author
ZENI DIAH KOMALSARI, ZENI
Subject
Ilmu Hukum
Datestamp
2021-10-27 03:07:01
Abstract :
This thesis research is a normative legal research, which is a study that relies on secondary legal data or materials obtained from the literature, aiming to find out (1) the legal consequences of bankruptcy on the Board of Directors of a Limited Liability Company and (2) the legal consequences on the Limited Liability Company itself. The specification of this research is Positive Legal Inventory research, while the data collection technique used is document study of secondary legal materials, both secondary-primary, secondary-secondary, and secondary tertiary. The analysis technique uses a qualitative normative analysis technique. The results obtained from this study are that the Board of Directors can be held accountable both civilly and criminally for the bankruptcy of a limited liability company. Civil liability can be in the form of joint and multiple responsibility for the losses suffered by the limited liability company if the bankruptcy occurs due to the fault and negligence of the Board of Directors and the company's assets are not sufficient to cover losses due to bankruptcy. Criminal liability is in the form of imprisonment in addition to other responsibilities in the form of coercion as regulated in the Bankruptcy Law, while the legal consequences of bankruptcy for a limited liability company can be in the form of discontinuing the business of the company by creditors and curators, or even being dissolved by the District Court at the request of the creditor. on the grounds that the company is unable to pay its debts after being declared bankrupt or the assets of the company are not sufficient to pay off all of its debts after the declaration of bankruptcy is revoked As a suggestion, it can be recommended as a legal entity, a Limited Liability Company is a legally responsible subject independently. In this case, it is necessary to emphasize in the Law the legal actions that can be held accountable to the Board of Directors in the event of bankruptcy. Keywords: Bankruptcy, Limited Liability Company
This thesis research is a normative legal research, which is a study that relies on secondary legal data or materials obtained from the literature, aiming to find out (1) the legal consequences of bankruptcy on the Board of Directors of a Limited Liability Company and (2) the legal consequences on the Limited Liability Company itself. The specification of this research is Positive Legal Inventory research, while the data collection technique used is document study of secondary legal materials, both secondary-primary, secondary-secondary, and secondary tertiary. The analysis technique uses a qualitative normative analysis technique. The results obtained from this study are that the Board of Directors can be held accountable both civilly and criminally for the bankruptcy of a limited liability company. Civil liability can be in the form of joint and multiple responsibility for the losses suffered by the limited liability company if the bankruptcy occurs due to the fault and negligence of the Board of Directors and the company's assets are not sufficient to cover losses due to bankruptcy. Criminal liability is in the form of imprisonment in addition to other responsibilities in the form of coercion as regulated in the Bankruptcy Law, while the legal consequences of bankruptcy for a limited liability company can be in the form of discontinuing the business of the company by creditors and curators, or even being dissolved by the District Court at the request of the creditor. on the grounds that the company is unable to pay its debts after being declared bankrupt or the assets of the company are not sufficient to pay off all of its debts after the declaration of bankruptcy is revoked As a suggestion, it can be recommended as a legal entity, a Limited Liability Company is a legally responsible subject independently. In this case, it is necessary to emphasize in the Law the legal actions that can be held accountable to the Board of Directors in the event of bankruptcy. Keywords: Bankruptcy, Limited Liability Company
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