relation: https://digilib.uin-suka.ac.id/id/eprint/48932/
title: PELAKSANAAN PRINSIP FIDUCIARY DUTY  DIREKSI YANG MERANGKAP JABATAN KOMISARIS  DI BADAN USAHA MILIK NEGARA  (Studi Kasus PT Garuda Indonesia Tahun 2019-2020)
creator: Prima Tedi Febriansah, NIM.: 17103040113
subject: Ilmu Hukum
description: Director is one of the most important and vital organs in maintaining the  business continuity of BUMN shareholder company. A director in carrying out the  management of the company must always adhere to the principle of fiduciary duty  that he has received. The fiduciary duty principle provides an obligation for the  board of directors to act in good faith, be careful and avoid conflicts of interest.  The problem that is feared to be an obstacle to the performance of directors and  cause a conflict of interest is the practice of concurrent positions in the BUMN  environment. Until now, although there are regulations regarding concurrent  positions, in practice there are still many people who hold concurrent positions as  directors and commissioners in many companies. This is the problem how the  principle of fiduciary duty of directors can be implemented properly, if many  directors and commissioners hold concurrent positions.  This study uses a normative approach, namely research conducted by  conducting a literature study of library materials in the form of literature, laws  and regulations and all matters relating to the problems discussed in it. The  theory used in this study is the theory of fiduciary duties, responsibilities of  directors and concurrent positions.  Based on the results of the study, it is stated that concurrent positions of  directors and commissioners in BUMN shareholder company will only make the  performance of directors not optimal, can lead to unfair business competition and  prone to conflicts of interest. The Board of Directors of PT Garuda Indonesia who  concurrently serves as a commissioner is proven to have violated the fiduciary  duty principle, due to not having good intentions and conflict of interest.  Regarding the responsibility of the board of directors if it violates the principle of  fiduciary duty, Article 97 paragraph (3) of the Company Law stipulates that the  board of directors is personally responsible for the loss of the company if they are  guilty and neglect to do so. out of their duty.
date: 2021-12-13
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/48932/1/17103040113_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/48932/2/17103040113_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   Prima Tedi Febriansah, NIM.: 17103040113  (2021) PELAKSANAAN PRINSIP FIDUCIARY DUTY DIREKSI YANG MERANGKAP JABATAN KOMISARIS DI BADAN USAHA MILIK NEGARA (Studi Kasus PT Garuda Indonesia Tahun 2019-2020).  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.