PERLINDUNGAN HUKUM PEMEGANG SAHAM MINORITAS PERSEROAN TERBATAS TERTUTUP BERDASARKAN UUPT NO.40 TAHUN 2007

Abstrak

The background of this research is because the concern from the researcher about the growing numbers of private company in Indonesia, which not supported with enough education about the consequence and risk from the point of view of minority shareholder, as a part of the highest part in limited company organ. The researcher is interested in doing research of : (1) how the law protect the minority shareholder in limited company through Constitution no.40 year 2007 about Limited Private Company (UUPT). Als\o, (2) what is the penalty given to the Directors when a limited private company can't provide law protection for minority shareholder. This research is using research method normative law, with type of research juridical-normative. The approach is using Statue Approach and Conceptual Approach, with material analysis descriptive qualitative. The result of the research shows that: (1) UUPT already tries to give law protection to minority shareholder through chapter 97, 61, 62. But, they only give suggestion and confirm minority shareholder's right to do legal effort if they experience the loss in the company. There is no forcing law that directly state about the penalty. (2) Penalty given to the Directors if there is no law protection to minority shareholder has to be proven first, if the directors involved to cause the loss of the company during the period when they have the duty as a Directors. If it is proven, then the minority shareholders can do their legal effort to the court or to the police station.