Analisis mengenai perbuatan melanggar hukum yang dilakukan oleh direksi di perusahaan pembiayaan di Indonesia

Yudanto, Matthew Wibowo (2022) Analisis mengenai perbuatan melanggar hukum yang dilakukan oleh direksi di perusahaan pembiayaan di Indonesia. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Good corporate governance is a system that regulates and controls a company to create added value and improve performance as well as to protect all stakeholders. In carrying out the task of managing the company, the directors of a financing company have the possibility to commit unlawful acts. The problems faced by SNP Finance were caused by the fact that the board of directors did not apply the principles of good governance in managing the company. Based on this, the problems obtained are 1) How is the implementation of good corporate governance that must be carried out by the directors of a financing company? 2) What are the legal consequences and the responsibility of the board of directors for acts against the law? This research method uses normative legal research with literature study of primary and secondary legal materials. Based on the research, it is known that the implementation of good corporate governance must be carried out by the directors of financing companies, that the directors are required to apply the principles of good corporate governance in every business activity as mandated by POJK No. 30/POJK.05/2014 concerning Corporate Governance. Good for Financing Companies (“POJK 30/2014”), has been amended by POJK Number 29/POJK.05/2020 concerning Amendments to POJK Number 30/POJK.05/2014 concerning Good Corporate Governance for Financing Companies (“ POJK 29/2020”), SEOJK Number 15/SEOJK.05/2016 concerning Reports on the Implementation of Good Corporate Governance for Financing Companies (“SEOJK 15/2016”), Law Number 40 Year 2007 concerning Limited Liability Companies, General Guidelines for GCG Indonesia and the National Committee on Governance Policy (KNKG). 2) The responsibility of the board of directors for violating the law is regulated in Law Number 40 of 2007 concerning Limited Liability Companies, namely that each member of the board of directors must in good faith and full responsibility carry out their duties for the interests and business of the company, in addition the board of directors is personally responsible for the loss of the company if the person concerned is guilty or negligent in carrying out his duties.

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