Prayudi, S, Arga (2023) Tanggung Jawab Direksi Atas Pelanggaran Fiduciary Duty Sehingga Menyebabkan Kepailitan Suatu Perseroan Terbatas Studi Kasus Pailitnya Pt. Metro Batavia. Masters thesis, Universitas Islam Riau.

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Abstract

In the case of Decision Number 77/Pailit/2012/PN.Niaga.Jkt.Pst, where Batavia Air was declared bankrupt since January 30 2013 and as a result, Batavia Air stopped operating since January 31 2013. This bankruptcy was caused by the application for bankruptcy filing Batavia Air by one of its creditors, namely ILFC, because Batavia Air's debt to ILFC which matured on 13 December 2012 amounted to US$ 4.68 million. The bankruptcy application was filed by ILFC to the Central Jakarta Commercial Court on December 20, 2012. Apart from ILFC, Batavia Air also has debts from Sierra Leasing Limited (SLL). This bankruptcy process caused various problems ranging from the decreasing number of Batavia Air planes to not operating at all, and even this bankruptcy had a negative impact on Batavia Air consumers where those who had bought tickets while Batavia Air was undergoing a bankruptcy decision process could not return their money. or refunds on tickets they have purchased. Based on the background above, the problems to be answered in this thesis research are about what caused the violation of Fiduciary Duty by the directors, causing the company to go bankrupt and what is the responsibility of the directors in the occurrence of bankruptcy of a limited liability company based on the principles of fiduciary duty towards the bankruptcy of PT. MetroBatavia. This type of research is normative legal research, this is intended so that researchers can find out as far as possible what is the measuring instrument in discussing this research, so that they can find a point of truth for the purpose of this research. Meanwhile, if seen from its nature, this writing is descriptive analytical, which means that the research is intended to provide a detailed, clear and systematic description of the main research problems. The bankruptcy case of Batavia Air arose due to weak oversight of the Indonesian aviation industry which caused unhealthy competition. This indication of unfair competition is due to the number of potential passengers with existing passengers and airline companies fighting over each other's passengers. Due to the impact of this bankruptcy decision, thousands of prospective passengers from the airline Batavia Air packed the Batavia branch offices and airports in the areas traversed by the low-cost airline. Responsibilities of the Board of Directors in the Event of Bankruptcy of a Limited Liability Company Based on the Principles of Fiduciary Duty to the Bankruptcy of PT. Metro Batavia that the Board of Directors can be held personally responsible. Based on Article 104 paragraph (2) of Law Number 40 of 2007 concerning Limited Liability Companies, a member of the Board of Directors can be held legally responsible when the Company goes bankrupt as a result of his mistake or negligence in managing the Company.

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