Mareta, Inel Indra (2025) Tinjauan Yuridis Pengeluaran Direktur Utama Perusahaan Pt Bumi Siak Pusako Berdasarkan Putusan Pengadilan Negeri Pekanbaru Nomor 78/pdt.g/2022/pn.pbr. Other thesis, Universitas Islam Riau.

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Abstract

The problem in the research that the author raises is regarding the lack of fulfillment of justice and rights for the Directors (President Director) who were unilaterally dismissed based on the judge's considerations in the Pekanbaru Court Decision Number 78/Pdt.G/2022/PN.Pbr reviewed from the legal entity regulations of Limited Liability Companies in Indonesia, the dismissal of the directors was carried out in violation of the law in contrast to Law Number 40 of 2007 concerning Limited Liability Companies. In this study, the author formulates 2 (two) problem formulations, namely analyzing legal protection for the rights of directors for unilateral dismissals that do not go through the GMS, and how the judge's considerations are in resolving cases of unilateral dismissal of the Directors of a Limited Liability Company. The purpose of this study is to explain the aspects of justice and legal protection for directors who are unilaterally dismissed without going through the GMS and the resolution of cases regarding these problems. This study uses a normative legal research type by examining library materials to analyze the judge's considerations in making decisions in cases of unilateral dismissal of directors. This study includes a case approach with an in-depth review of cases related to the problems faced and has become a court decision that has permanent legal force. In addition, a statute approach is also used with a review of all laws and regulations along with related rules. The results of the study are based on the Decision of the Pekanbaru District Court Number 78/Pdt.G/2022/PN.Pbr. The plaintiff is the founder and president director of PT Bumi Siak Pusako (BSP) who was dismissed unilaterally and without going through a GMS and without reason by the Defendants. This is invalid, arbitrary, and unlawful because it is very contrary to the mechanism for dismissing Directors from their positions as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies, however, the judge's considerations are that the reasons submitted cannot be justified and the Judex Facti Decision is correct and proper. Based on these considerations, the judge did not pay enough attention to and touched on the aspect of justice for Directors who were dismissed unilaterally and without going through a GMS and did not provide legal protection for them.

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