Jurnal Penegakan Hukum Indonesia (JPHI)
Vol. 3 No. 3 (2022): Edisi Oktober 2022

Pembagian Harta Bersama Pada Saham Pendirian Perseroan Terbatas

Lintang Fajarisya Setiawan (Magister Hukum, Universitas Lambung Mangkurat)



Article Info

Publish Date
15 Dec 2022

Abstract

Divorcement of husband and wife does not necessarily terminate all matters between both divorced parties, there are legal consequences to be considered, one of which is joint property that must be shared. Positive law in Indonesia does not yet fairly regulate distribution of joint assets in shares of Limited Liability Companies in the Decision of the Supreme Court number 80/Pdt.G/2020/PN.JKT.UTR. Following the case above, the author is interested to discuss: (1) How is the distribution of joint assets in shares of the establishment of a limited liability company? (2) What are the Legal Consequences for the Distribution of Joint Assets to Limited Liability Company Shares? This study uses normative research methods. Several conclusions can be drawn from the results and discussion. First, in case the company is established by husband and wife then divorced, one of them must sell their shares to another person within 6 months, if after 6 months the shares have not been transferred to another person, all losses or legal consequences of the company is the responsibility of either husband or wife, and if there is an interested third party, they can apply for the company dissolution to the local District Court. Second, that the assets of a limited liability company established by husband and wife, any losses as long as the shareholder is a sole shareholder, will be the responsibility of the sole shareholder and borne by the assets of the shareholder. As legal protection provided by the law of limited liability company on the legal consequence is that each limited liability company shareholder becomes sole because of the reduction in the company's shareholder, then the law provides a period of 6 months to sell part of its shares to other parties.

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Journal Info

Abbrev

jphi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Penegakan Hukum Indonesia (JPHI) (E-ISSN: 2746-7406) is a Double Blind Review Scientific Journal first launched in 2020 by Scholar Center under the administration of PT. Borneo Development Project in collaboration with Law office of SAP. JPHI publishes three times a year on February, June and ...