Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal Recital Review Unes Law Review
Edwar Fransisko, Rendra
Unknown Affiliation
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search
Journal : Recital Review

 1 
Pertanggungjawaban Direksi dalam Kepailitan Perseroan Terbatas Menurut Hukum Positif Indonesia Edwar Fransisko, Rendra
Recital Review Vol. 7 No. 2 (2025): Volume 7 Nomor 2 Juli 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the liability of the board of directors in the bankruptcy of a Limited Liability Company under Indonesian positive law, using the case of PT. Gunung Bara Utama as the focal point. The research employs a normative legal approach through statutory, conceptual, and case study analyses. The findings indicate that the directors’ liability in bankruptcy is explicitly regulated under Law Number 40 of 2007 concerning Limited Liability Companies and Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Directors may be held personally liable if proven negligent or acting beyond their authority, causing losses to the company, creditors, or third parties. The PT. Gunung Bara Utama case demonstrates that weak internal oversight and violations of the fiduciary duty principle were significant factors contributing to the bankruptcy. This research recommends strengthening regulations by clarifying the duty of care standard and enhancing supervisory mechanisms over directors to prevent abuse of authority leading to bankruptcy.
Co-Authors Alauddin Alauddin, Alauddin