Minority Shareholders’ Legal Protection in a Limited Liability Company System

Authors : I Gde Sukarmo; Salim Hs; Hayyanul Haq; Zainal Asikin
article cite 0 Year 2021
source: Journal of Siberian Federal University Humanities & Social Sciences
Abstract

The purpose of this study is to determine the legal protection model for the majority and minority shareholders in public limited companies. This research method is normative research. To investigate the ineffectiveness of laws and regulations, in particular, Law No. 40 of 2007 on limited liability companies in providing shareholder protection, researchers have studied the laws and regulations and considered the views of experts on legal concepts related to legal protection for shareholders, particularly, minority shareholders. The results showed that the law did not provide maximum legal protection for minority shareholders, creating an imbalance between the rights of the minority and majority shareholders. For this reason, 1) reform or progressive changes in laws and regulations are needed, for instance, in PT Law No. 40 of 2007. These changes should be fundamental to philosophical aspects (values and perspectives) in providing shareholder protection; 2) the review of shareholders’ protection methods should be based on the aspects of fairness


Concepts :
Legal Studies and Policies
Indonesian Legal and Regulatory Studies
Legal and Policy Analysis in Indonesia
article cite 0 Year 2021 source Journal of Siberian Federal University Humanities & Social Sciences
SDGs
Peace, Justice and strong institutions
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