Keabsahan Rups Dalam Peralihan Saham Tanpa Kehadiran Ahli Waris Pemegang Saham (Studi Putusan No.3261k/Pdt/2018)

Abstract

The process of inheritance involves the transfer of property rights to the heirs, who automatically get the rights to all the inherited property, including shares in a Limited Liability Company (PT). The case related to PT Idola Tunggal highlights the problem of transferring shares and changing the composition of shareholders without notification to the heirs, which violates legal provisions. Therefore, this thesis is entitled “The validity of the GMS in the transfer of shares without the presence of the heirs of the shareholders (Study of Decision No.3261k/Pdt/2018)”. The problem formulations in this thesis are: The legal consequences of the transfer of company shares decided at the GMS without the presence of the heirs of the deceased shareholders, the dispute resolution mechanism arising from the transfer of shares decided at the GMS without the presence of the heirs of the deceased shareholders, and the validity of the GMS in the transfer of shares without the presence of the heirs of the shareholders in Decision No.3261k/Pdt/2018. The results obtained from this legal research show that the legal consequences of the transfer of company shares decided in a general meeting of shareholders without the presence of the heirs of the deceased shareholder include the potential violation of the heirs' rights and the risk of invalidating the decision. Furthermore, the analysis shows that there are significant procedural violations in the decision, thus providing a strong legal basis for the heirs to challenge the decision and recover their rights.