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All Journal Reformasi Hukum Trisakti
Michelle Silsa
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Law, Crime, Criminology & Criminal Justice

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KEABSAHAN KEPUTUSAN DIREKSI TERKAIT PEMOTONGAN GAJI BERDASARKAN UNDANG-UNDANG PERSEROAN TERBATAS DAN ANGGARAN DASAR: Validity of Board Decision Regarding Salary Reductions under Law Number 40 of 2007 and Articles of Association Michelle Silsa; Dian Purnamasari
Reformasi Hukum Trisakti Vol 7 No 4 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i4.23200

Abstract

The board of directors’ decisions must comply with Law No. 40 of 2007 and the company’s Articles of Association. Article 4 of Law No. 40 of 2007 stipulates that a company is obliged to adhere to statutory regulations and its Articles of Association. The case of PT “M” shows a violation of the Articles of Association as the board’s decision was taken without fulfilling the quorum requirements, thus raising doubts over its validity. The legal issues in this study are the validity of board decisions made without meeting the quorum as stipulated in the Articles of Association and the resulting legal consequences for the company. The legal research method used is normative legal research with an approach based on legislation, the company’s Articles of Association, and related documents. Based on the results of the discussion, it is concluded that board decisions without the required quorum are legally invalid, and such violations may trigger legal disputes with adverse effects on the company’s reputation, finances, and operational stability.
Co-Authors Dian Purnamasari