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KKM
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| Judul | : |
TANGGUNG JAWAB PRIBADI ORGAN PERSEROAN TERHADAP WANPRESTASI KAITANNYA DENGAN PIERCING THE CORPORATE VEIL (TINJAUAN YURIDIS PUTUSAN PENGADILAN NEGERI MATARAM NOMOR 47/Pdt.G/2021/PN Mtr)
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| Subjek | : |
Contracts
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| Pengarang | : |
DEWI PARUM KUJANG
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| Pembimbing | : |
Krisnhoe Kartika W,
Ulil Afwa
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.022 KUJ t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The fundamental issue relating to this research is the doctrine of Piercing the
Corporate Veil in the accountability of Limited Liability Company Organs. In
carrying out any matters, the Directors of a Limited Liability Company can be held
liable for Piercing the Corporate Veil. This research uses normative juridical legal
research methods, especially by analyzing the Mataram District Court Decision
Number 47/Pdt.G/2021/PN Mtr. regarding the doctrine of Piercing the Corporate
Veil in the responsibilities of Limited Liability Company Organs based on Law
Number 40 of 2007 concerning Limited Liability Companies. This research used
secondary data consists of primary legal data, secondary legal data, and tertiary
legal data. The analysis method used in this research is descriptive analysis with a
qualitative approach. The result of this research is piercing the corporate veil
doctrine can be implemented in company if the company commits actions which
directly harms a company, such as 1) be it direct or indirect with bad intention using
the company for personal purposes; 2) involved in the action against the law done
by the company; and 3) be it direct or indirect against the law using company's
resources which result in insufficiency company's resources to pay off company's
debt. Apart from that, in the contractual relationship Piercing the Corporate Veil is
also appropriate to apply if one of the facts is found, namely that a third party was
deceived into transacting with the Company, the company's business actions were
confusing, and there was a personal guarantee from the shareholder.
Keyword: Limited Liability Company, Piercing the Corporate Veil, Breach of
Contract
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