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All Journal Journal of Creative Student Research
Celine Ariella Phoebe Rahardja
Universitas Diponegoro
Humanities Decision Sciences, Operations Research & Management Education Languange, Linguistic, Communication & Media Social Sciences Transportation

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Perlindungan Hukum Pemegang Saham Minoritas dalam Perseroan Terbatas: Kajian Normatif terhadap Mekanisme Gugatan Derivatif di Indonesia Celine Ariella Phoebe Rahardja; Paramita Prananingtyas
Journal of Creative Student Research Vol. 4 No. 2 (2026): April : Journal of Creative Student Research
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jcsr-politama.v4i2.6077

Abstract

This study examines the legal protection of minority shareholders in limited liability companies through the derivative lawsuit mechanism under Indonesian positive law. The focus is directed at a normative analysis of Law Number 40 of 2007 concerning Limited Liability Companies, particularly Articles 97 paragraph (6) and 114 paragraph (6) as the legal basis for derivative actions. The research employs a normative legal method with statutory and conceptual approaches, supported by qualitative analysis of primary, secondary, and tertiary legal materials. The findings indicate that, normatively, derivative lawsuits provide a legal avenue for minority shareholders to hold directors and commissioners accountable for corporate losses. However, in practice, the effectiveness of this mechanism remains limited due to procedural constraints, evidentiary challenges, restricted access to information, and high litigation costs. The lack of detailed technical regulation and weak integration with sectoral regulations further widen the gap between normative provisions and implementation. This study recommends regulatory reinforcement, procedural simplification, and enhanced transparency to optimize legal protection for minority shareholders.
Co-Authors Paramita Prananingtyas