Amicus Curiae
Vol. 2 No. 4 (2025): Amicus Curiae

TANGGUNG JAWAB MANTAN DIREKSI PT DINAR KALIMANTAN COAL ATAS PELANGGARAN PRINSIP FIDUCIARY DUTY DAN GOOD CORPORATE GOVERNANCE: Responsibilities Of The Former Directors Of Pt Dinar Kalimantan Coal For Violation Of Principles Of Fiduciary Duty And Good Corporate Governance

Naufaldi Eka Kurniawan (Unknown)
Arif Wicaksana (Unknown)



Article Info

Publish Date
15 Dec 2025

Abstract

PT Dinar Kalimantan Coal as a limited liability company operating in the coal mining sector is obliged to pay PNBP in the form of Royalties and Fixed Contributions to the state. The board of directors as the company organ representing the company is supposed to pay the PNBP, but Haspin Walad and Yossyka Herdian Gederaharja as the former board of directors of PT Dinar Kalimantan Coal for the 2011-2019 period neglected their duties and did not provide the company's financial reports to shareholders. The main problem in this research is whether Haspin Walad and Yossyka Herdian Gederaharja violated the principles of fiduciary duty and good corporate governance and how they are held accountable. Researchers use normative juridical research methods with descriptive research characteristics and use secondary data. The research results were analyzed qualitatively and conclusions were drawn using deductive logic. The results of this research prove that the former board of directors of PT DKC violated the principles of fiduciary duty in Article 66, Article 97 paragraph (2) of the 2007 PT Law, Article 8 of the DP Law and good corporate governance, namely the principles of openness, accountability, responsibility, independence and fairness. So that it causes losses to the company, therefore you can be held responsible up to your personal assets based on Article 97 paragraph (3) of the 2007 PT Law by filing a lawsuit in court based on an unlawful act in Article 1365 of the Civil Code

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Journal Info

Abbrev

amicuscuriae

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Amicus Curiae menyediakan wadah bagi para akademisi, praktisi hukum, dan peneliti untuk berbagi pengetahuan, temuan, dan pemikiran terbaru di bidang hukum. Dengan mempublikasikan artikel-artikel yang berkualitas dan terkini, Amicus Curiae membantu menyebarkan pengetahuan hukum yang relevan dan ...