PERLINDUNGAN HUKUM PEMEGANG SAHAM TERHADAP PENOLAKAN PENANDATANGANAN KEPUTUSAN SIRKULER DI LUAR RUPS

Abstract

Indonesia implements the Pancasila economic system which contains economic democracy, meaning that all activities in economic terms are carried out from, by and for the benefit of the people under the supervision of the Government. The Indonesian state economy is organized based on economic democracy with the principles of togetherness, fair efficiency, sustainability, and by maintaining a balance of progress and national economic unity. One of the economic institutions considered to be able to contribute to national development is a business unit or forum for carrying out entrepreneurial activities at the micro and macro levels, as well as driving the business world in the country. The business entity in question is a business entity created in the form of a limited liability company (hereinafter abbreviated as PT). As a legal entity, PT is categorized as a legal subject holding rights and obligations. Legal certainty and protection are also important because current business practices involve specially appointed professionals to manage the company's day-to-day operations. This is reasonable, considering that in the case of a business being run in the form of a PT, it is possible that the condition where the capital owner or investor does not directly run the business, but only maintains and supervises business activities, namely the existence of a General Meeting of Shareholders (GMS) as the highest hierarchy in the Company. . Making binding decisions outside the GMS can be made provided that all shareholders agree in writing by signing the relevant proposal. However, in some cases there are conditions where the shareholder refuses to sign a request for an additional credit facility from a financing institution.