E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 3, 2024

Legal Protection of Shareholders of Limited Liability Companies at Electronic General Meetings of Shareholders

Author(s): Rayhan Isha Mahendra, Arnendya Lannia Suryadiannisa, Fendi Setyawan, Ermanto Fahmsyah


PT organs are the General Meeting of Shareholders, Board of Directors, and Commissioners, which have their respective functions. In normal conditions, the GMS of Public Limited Companies is carried out conventionally by meeting in person but is now carried out electronically based on Financial Services Authority Regulation Number 16 of 2020. Electronic GMS regulations have been regulated in Article 77 of the PT Law, which requires the signatures of all GMS participants on the minutes, while Article 12 of POJK Number 16 of 2020 regulates that it does not require the signatures of GMS participants and must be made by notarial deed. The problems found are first, regarding the meaning of the GMS of an Public Company which is conducted electronically. Second, the nature of the signature in the minutes of the GMS in POJK Number 16 of 2020 and its legal protection for shareholders. Third, the future concept of regulating the signing of GMS minutes electronically which is able to provide legal protection to shareholders. This research uses normative juridical research using a statutory approach, conceptual approach and historical approach. The conclusion of the discussion is as follows. First, the meaning of the electronic GMS of Public Company is part of an open limited liability company that was born from a collection of shareholders and has its own authority and its implementation using electronic media facilities. The GMS that was previously conventional can now be carried out using electronic media. Second, the nature of signing the minutes of the GMS of publicly listed companies electronically in Article 12 POJK Number 16 of 2020 does not provide legal protection for shareholders and there is disharmony with Article 77 paragraph (4) of the PT Law and UUJN. The minutes of the GMS of PT are a form of internal legal protection and laws and regulations are external legal protection.

Keywords: GMS, Minutes, Legal Protection, Electronic

Pages: 364-368

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