Tinjauan yuridis terhadap pelaksanaan management agreement dan akuntabilitas direksi dan komisaris perseroan terbatas

Widodo, Agus (2004) Tinjauan yuridis terhadap pelaksanaan management agreement dan akuntabilitas direksi dan komisaris perseroan terbatas. Masters thesis, Universitas Pelita Harapan.

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Abstract

Juridical Review On The Performance of Management Agreement And the Accountability of the Board of Directors and Commissioners of Limited Liability Company, Thesis, Agus Widodo, 2004, 71 pages. This research is intended to know the extent of the binding power of Management Agreement (hereinafter called to as "A£4") as used by the third party to manage or to handle the activities of a Limited Liability Company (hereinafter called to as "PT") on daily basis, following the enacment of the PT Law (Law Number 1 Year 1995). What the legal consequences are of the performance of MA as mentioned above, especially on the accountability of the Board of Directors and Commissioners of PT. With the enactment of the said PT Law, an impact or overlapping occurs between the provisions of MA itself or contract law on one side, and PT Law on the other side. The performance of such MA can be found in daily practice, among others in the hotel industry in Indonesia. This study is performed by using normative-juridical and empirical-juridical research methodology concurrently. Juridical-normative research is performed through secondary data consisting of primary legal source (among others: stipulation of law), secondary (among others: experts' opinions and scientific works) and tertiary (among others: dictionary and newspapers). While the juridical-empirical research is performed through primary data acquired from the field in the form of interviews and observations. All these data are then analyzed on qualitive basis and presented in a descriptive-analytical way. Finding in this research indicate among others that an MA constitutes a reflection of the principles of freedom to enter into a contract and the open system as can be found in the Third Volume of the Civil Code. However, with the enactment of PT Law as mentioned, a possibility arises toward an impact or overlapping occurs between the provisions of MA itself or contract law on one side, and PT Law on the other side. Then, the Board of Directors and Commissioners of PT in performing their duties and authorities shall have good faith, be fully responsible for the benefit of PT. Consequently, the performance of MA in PT by a third party does not exempt the members of the Board of Directors and Commissioners of the concerned PT from full responsibility, both jointly and severally, to PT as well as to the other parties.

Item Type: Thesis (Masters)
Creators:
CreatorsNIMEmail
Widodo, AgusNIM59990018UNSPECIFIED
Contributors:
ContributionContributorsNIDN/NIDKEmail
Thesis advisorKhumarga, KhumargaUNSPECIFIEDUNSPECIFIED
Additional Information: T 59-99 WID T
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Master of Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Master of Law
Depositing User: Users 18 not found.
Date Deposited: 02 Feb 2021 07:57
Last Modified: 03 Nov 2022 03:43
URI: http://repository.uph.edu/id/eprint/14629

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