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All Journal Spektrum Hukum Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan Media Iuris Majalah Hukum Nasional Jurnal Ilmu Hukum
Ave Maria Frisa Katherina
Universitas Airlangga
Humanities Law, Crime, Criminology & Criminal Justice

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Journal : Media Iuris

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Tanggung Jawab Promotor Perseroan Terbatas Terhadap Kontrak Pra Inkorporasi Di Indonesia Xavier Nugraha; Ave Maria Frisa Katherina
Media Iuris Vol. 2 No. 1 (2019): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (449.694 KB) | DOI: 10.20473/mi.v2i1.11814

Abstract

Ratification of a legal entity based on the issuance of a Decree of the Minister of Law and Human Rights requires a process that is not brief. Meanwhile, corporation which has not been ratified as a legal entity does not rule out the possibility that the promotors of corporation will carry out legal actions in the name of corporation. This journal aims to provide an explanation of the extent to which the liability of corporation and promoters on contracts made before corporation becomes a legal entity. The research methods in this study are conceptual approach and statute approach. Law Number 40 of 2007 concerning Limited Liability Companies in Indonesia currently regulates the liability of promotors before corporation becomes a legal entity. From this journal, it will be known that liability which appears from pre-incorporation contract lies on promotor before corporation becomes a legal entity, but when the legal action has been approved by the General Meeting of Shareholders or has been stated in the deed of establishment, it will become corporate's actions, therefore the liability is also attached.
Co-Authors Alip Pamungkas Arinni Dewi Ambarningrum Elma Putri Tanbun Faizal Kurniawan Nugraha, Xavier Patricia Inge Felany Safira Noor Ramadhanty Windy Agustin