Pertanggungjawaban Likuidator dalam Pemberesan Harta Perseroan Terbatas yang Penetapan Pembubarannya Dibatalkan oleh Putusan Pengadilan (Studi Likuidasi PT Sintai Industri Shipyard)

Abstract

Limited liability companies, even when managed with due care, may encounter difficulties that result in their dissolution and liquidation. During the liquidation process, the liquidator, as the administrator of the company's liquidation, may take actions that are not in accordance with the procedures. This study raises three main issues related to the regulation of the dissolution and liquidation of limited liability companies based on Indonesian positive law, the legal consequences of the transfer of company assets by the liquidator in the event of the cancellation of the company's dissolution, and the liability of the liquidator in the settlement of the assets of a limited liability company whose dissolution has been canceled by a court decision. Based on the results of the study, it was found that the dissolution and liquidation of limited liability companies are regulated by the Limited Liability Company Law and other regulations based on the sector in which they operate. liquidators in the liquidation process have the duty and authority to settle the company and transfer its assets, whereby liquidators must conduct the liquidation with due care and good faith to avoid losses to the liquidated company and be personally liable for such losses. However, there are no regulations in place to anticipate the cancellation of the dissolution of a limited liability company, as experienced by PT Sintai Industri Shipyard. The transfer of PT SIS's assets by the PT SIS liquidation team was an act that exceeded its authority because it was carried out while the case involving the transferred assets was still ongoing, and due to other negligence, This resulted in the transfer of assets and all actions of the PT SIS liquidation team being declared null and void and without legal force by a court decision, but no form of personal liability for damages was imposed on the PT SIS liquidation team.