Analisis Hukum Peralihan Saham Kepada Pihak Lain Diluar Ahli Waris Pemilik Saham yang Menimbulkan Perbuatan Melawan Hukum (Studi Putusan Pengadilan Negeri Medan Nomor: 552/Pdt.G/2018/PN.Mdn)

Abstract

Shares are movable objects so that the shares owner is able to transfer shares to other parties by fulfilling the requirements for transfer of rights as regulated in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). Shares can be transferred to the heirs of the share owner if the share owner passes away. The transfer of shares due to inheritance is regulated in Article 57, paragraph (2) of UUPT. This provision confirms that shares are the objects of inheritance. Inheritance for Christians is regulated by the civil law provisions (Civil Code). Article 833 of the Civil Code regulates that the right to ownership of the heirs is legally transferred to the heir. This provision states that the heirs have rights to the shares belonging to the heir so it is a form of an unlawful act if the shares are transferred or distributed to other parties without the consent of the heirs. This thesis uses a normative juridical research methods with data collection techniques obtained through qualitative descriptive analytical literature studies. The research result find that a limited liability company secretly transferred shares by distributing shares belonging to the deceased shareholder to other parties without the consent of the share owner’s heirs, as stated in the Medan District Court Decision Number: 552/Pdt.G/2018/PN.Mdn. Based on the evidence at the trial, the Judge in the decision states that the act of a limited liability company distributing shares belonging to a deceased shareholder to another party without the consent of the heirs is an unlawful act because according to the UUPT, a limited liability company is not the owner of the shares so the limited liability company has no right and capacity to distribute the shares.