Recital Review
Vol. 7 No. 2 (2025): Volume 7 Nomor 2 Juli 2025

Pertanggungjawaban Direksi dalam Kepailitan Perseroan Terbatas Menurut Hukum Positif Indonesia

Edwar Fransisko, Rendra (Unknown)



Article Info

Publish Date
30 Sep 2025

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.

Copyrights © 2025






Journal Info

Abbrev

RR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Recital Review is peer-review journal published by Universitas Jambi, Magister Konatariatan, Jambi, Indonesia. Recital review receives research-based and conceptual articles with a broad range of topics related with Notary area, including: deed-making techniques, Agrarian law; Family Law; ...