Kedudukan Direksi Dalam Mewakili Perusahaan Dalam Perkara Kepailitan (Studi Perkara No.3/PDT.SUS-PAILIT/2020/PN NIAGA MDN)

Abstract

The organs of a limited liability company have their own respective function and authority. It is not uncommon that they deny their responsibility for representing the company in the case of bankruptcy in the Commercial Court. The research problems are as follows: how about the regulation on the position of the Directors to represent the company in the process of hearing in the Request for Bankruptcy in the Commercial Court, how about the procedure of removal from the office of Directors and the other company's organs which have the impact on the management's authority to represent the company in the process of hearing in requesting for bankruptcy n the Commercial Court, and how about the judge's consideration and decision in determining the authority of the Directors and the other company's organs to represent the company in the process of hearing in the case of bankruptcy, based on the Verdict No. 3/Pdt.Sus-Paillt/2020/PN Niaga Mdn The research employs descriptive juridical normative method. The data are obtained from primary, secondary, and tertiary legal materials. It is written by using regulations and other legal materials related to the topic of the research. The result of the research shows that the Directors who have the authority to represent the company in the hearing in bankruptcy. They can be altered by the Board of Commissioners or the other parties that are appointed by RUPS. The Directors dismissal should be based on laws and the company's Articles of Association. There are two kinds of Directors' dismissal: suspension and permanent dismissal, according to Law No. 40/2007 on Limited Liability Company In the case No. 3/Pdt. Sus-Pallit/2020 PN Niaga Man, the Board of Commissioners argumentation that the Directors who have been dismissed doo not have the right anymore to represent PT Berkah Mulia Beton cannot be proved before the Court; therefore, the Directors of PT Berkah Mulia Beton C:\Users\PTSP1\Downloads\translate 2.png authority to represent the company in the case of bankruptcy.