ANALISIS YURIDIS PENYELENGGARAAN RUPSLB PT KTI YANG DIDUGA DILAKUKAN SECARA MELAWAN HUKUM (STUDI PUTUSAN PN NO 236/PDT.G/2019/PN BDG JO PT NO 484/PDT/2020/PT BDG): Juridical Analysis Of The Organization Of Pt Kti's Rupslb Suspected To Be Conducted Unlawfully (A Study Of The District Court Decision No. 236/Pdt.G/2019/Pn Bdg Jo Pt No. 484/Pdt/2020/Pt Bdg

Gabriel Sibtua Sianturi
Arif Wicaksana

Reformasi Hukum Trisakti
Vol 6 No 4 (2024): Reformasi Hukum Trisakti

In the case of the Bandung High Court Decision Number 484/PDT/2020/PT.BDG, there was a violation of Law Number 40 of 2007 concerning Limited Liability Companies (UUPT) related to the conduct of an RUPSLB by Defendants SSM and Koshii HK. The shareholders' meeting did not meet the quorum for attendance and decision-making, resulting in the decisions made, including the appointment of Defendant SSM as the Chief Executive Officer, being deemed null and void. The plaintiff, PT KTI, utilizing a Legal Juridical Perspective analysis, filed a lawsuit seeking the annulment of the decisions made during the shareholders' meeting, alleging Defendants SSM, Koshii HK, and Notary TT engaged in Unlawful Acts. This lawsuit referred to Article 1365 of the Civil Code and claimed damages. The court ruled that PT KTI proved to be a victim of unlawful acts and imposed sanctions under Article 1365 of the Civil Code. The application of Article 3 paragraph (2) of the UUPT indicates that shareholders can be involved in the company's unlawful acts. PT KTI was considered to have committed lawful actions, and the conducted RUPSLB was deemed invalid. This conclusion underscores the importance of compliance with legal procedures and regulations in conducting RUPSLB.