Pertanggungjawaban Renteng Direksi dan Komisaris Dalam Kepailitan Perseroan Terbatas (Studi Putusan Nomor: 38/Pdt.Sus-Gugatan Lain-Lain/2023/Pn Niaga Sby Jo. Nomor: 54/Pdt.Sus-Pkpu/2021/Pn Niaga Sby)

Abstract

Joint liability of directors and board of commissioners in bankruptcy of a limited liability company occurs when the directors and board of commissioners are negligent in managing the limited liability company. As illustrated in the case of PT. Alam Galaxy, especially in Decision Number 38/Pdt.Sus-Other Lawsuits/2023/PN Niaga Surabaya Jo. Number 54/Pdt.Sus-PKPU/2021/PN Niaga Surabaya related to the bankruptcy case of PT. Alam Galaxy. Through the research in this thesis, several legal issues will be studied, namely what are the legal consequences of a bankruptcy decision on the liability of directors and board of commissioners, what is the joint liability of directors and board of commissioners for bankruptcy of a limited liability company, and how the law is applied by the judge in Decision Number: 38/Pdt.Sus-Other Lawsuits/2023/PN Niaga Sby Jo. Number: 54/Pdt.sus-PKPU/2021/PN Niaga Sby regarding the accountability of the management that resulted in the company going bankrupt. The use of normative legal research methods in this study, with a statutory, case and conceptual approach, through library study data collection techniques to collect data in the form of primary, secondary and tertiary legal materials as analyzed using a qualitative analysis approach. The results of the study show that bankruptcy eliminates the rights of directors and commissioners to manage and control company assets, which then become the responsibility of the curator under the supervision of a judge. In the case of PT. Alam Galaxy, the negligence of the management in holding a GMS and submitting audited financial reports caused bankruptcy and losses for creditors. Therefore, they can be held accountable personally or jointly. This study provides important understanding for law enforcers and business actors about the limits of the company's management's liability and the urgency of good corporate governance, strict supervision by the board of commissioners, and transparency of financial reporting to protect the interests of shareholders and creditors and prevent bankruptcy.