Tindakan mengurangi kerugian di PT Angkasa Pura Kargo sesuai dengan undang-undang nomor 40 tahun 2007 tentang perseroan terbatas = the act of measures to mitigate losses at PT Angkasa Pura Kargo in accordance of act number 40 year 2007 regarding limited liability companies

Anthony, Maria Helena (2023) Tindakan mengurangi kerugian di PT Angkasa Pura Kargo sesuai dengan undang-undang nomor 40 tahun 2007 tentang perseroan terbatas = the act of measures to mitigate losses at PT Angkasa Pura Kargo in accordance of act number 40 year 2007 regarding limited liability companies. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

In the Limited Liability Company Law, Article 97 of the Limited Liability Company Law states that a Director must make decisions in good faith and with full responsibility. However, in reality, the operations within a company do not always yield profits; sometimes, there are also losses. To address ongoing losses, a Director must take steps to reduce the losses in the company. In a study conducted at PT Angkasa Pura Kargo, it is evident that Directors have sometimes made decisions that resulted in losses for the company. Nevertheless, the Directors at PT Angkasa Pura Kargo have made efforts to minimize these losses, in accordance with the provisions stated in Article 97 paragraph (5) letter D of the Limited Liability Company Law, in an attempt to mitigate the ongoing losses due to Business Partners failing to fulfill their payment obligations. The steps taken by the Directors at PT Angkasa Pura Kargo involve direct collection by the Treasury Unit or through the State Attorney, but if the Business Partners persist in failing to meet their payment obligations, the Directors will resort to legal actions. This could include civil proceedings by filing a lawsuit in the District Court or pursuing criminal legal measures by reporting to the police. This research aims to reduce ongoing losses at PT Angkasa Pura Kargo. The research method employed is a normative-empirical legal research type that focuses on examining the implementation of positive law and written documents related to specific legal events. Data for this research was obtained through literature review and interviews. The findings of this research indicate that the Business Judgment Rule principle concerning reducing losses in the company has been effectively applied. This is in line with the provisions outlined in Article 97 paragraph (5) of the Limited Liability Company Law, where the Directors at PT Angkasa Pura Kargo have made decisions in good faith and with responsibility, setting aside their personal interests. As a result, the efforts made by the Directors have managed to mitigate excessive losses and have partially restored the losses incurred by PT Angkasa Pura Kargo.

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