Reformasi Hukum Trisakti
Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti

TANGGUNG JAWAB DIREKTUR UTAMA TERKAIT PELANGGARAN PRINSIP FIDUCIARY DUTY

Elvira Dewi Silvana (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Arif Wicaksana (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)



Article Info

Publish Date
03 Aug 2022

Abstract

The rules that must be followed in line with the Articles of Association and Law Number 40 of 2007 regulating Limited Liability Companies place restrictions on the Board of Directors' capacity to administer the company. In practice, not all Directors actually follow the prevailing management ideas. The emergence of tax bill arrears is one example of how the Main Director of PT Bakara Bumi Energi violated the fiduciary duty concept by failing to report the company's financial accounts in a transparent way. The primary issue in this study is whether the Main Director of PT Bakara Bumi Energi violated the fiduciary duty concept and PT Bakara Bumi Energi's Main Director is accountable due to penetrating the corporate veil. Secondary data is the type of data employed in the normative juridical research type, which is descriptive in character. The study's findings were qualitatively examined by making deductions based on deductive reasoning. Because the President Director's management of the company was not based on good faith and was full of responsibility, it was determined that his actions constituted a violation of the fiduciary duty principle. He also failed to uphold the trust that the company had placed in him by being dishonest, opaque, and responsible for the company's losses.

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Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...