Tinjauan Yuridis Terhadap Hak Pemegang Saham yang Dijadikan Jaminan Hutang

Fajri, Ichsanul (2020) Tinjauan Yuridis Terhadap Hak Pemegang Saham yang Dijadikan Jaminan Hutang. Other thesis, Universitas Islam Riau.

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Abstract

There are several forms of guarantee law, one of which is a pawn or another term for a pawnshop and fiduciary security. One of the intangible movable objects that has begun to be widely used as credit collateral is in the form of company shares. Shares are an instrument of equity participation of a person or institution or legal entity as securities and can be traded, granted, or inherited. Based on this background, the authors are interested in raising the title Juridical Review of Shareholders' Rights which are used as Collateral for Debt, based on the above background, the main issues examined are as follows: What are the rights of shareholders that are used as collateral for debt? How is the legal protection for shareholders and collateral providers? The author uses a normative research method that uses secondary data and primary data from books or legal literature, legislation, interviews and other materials. The nature of the research that the writer uses is descriptive research. Article 60 Paragraph 4 of the Company Law also explains that the rights of the shareholders to the shares being pawned, namely the voting rights of the shares remain with the shareholders, not transferred to the holders of the pledge or fiduciary security, and regarding dividends can be agreed upon in accordance with the agreement, Civil Code, Legal Protection. to shareholders, both creditors and debtors, in accordance with the Civil Code. The provisions for pledge of shares are regulated in Article 53 of the Limited Liability Company Law, which basically stipulates that both appointed shares and shares in the name can be pawned, other regulations relating to objects which become objects of pledge are regulated in Article 1152. , 1152 bis, 1153 KUHPerdata Article 1155 of the Civil Code previously regulated how the rights and obligations of both parties, from the creditor and debtor side, as well as the creditor's obligations were regulated in Articles 1154, 1156, and 1157 of the Civil Code.

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