PERLINDUNGAN HUKUM PEMEGANG SAHAM MINORITAS DALAM SUATU TRANSAKSI BENTURAN KEPENTINGAN DI PASAR MODAL ( STUDI KASUS : TRANSAKSI PENJUALAN SAHAM MILIK PT MATAHARI PUTRA PRIMA, TBK.)

Abstract

Adi Rukhiyat, Business Civil Law, Faculty of Law, University of Brawijaya, August 2014, Legal Protection of Minority Shareholders In A Conflict of Interest Transactions in Capital Market (Case Study: Transaction Sale of Shares Owned by Matahari Putra Prima, Inc.), Dr.Bambang Winarno,SH.,MS., Heru Prijatno,SH.,MH.

 

In writing this thesis the author discusses the issue of legal protection of minority shareholders in the capital market, with a case study of the sale of shares owned by  Matahari Putra Prima,Inc.Because for minority shareholders generally weak and should be protected to promote a business climate in Indonesia. With power majority or controlling shareholder of the company may take a decision to trade for their own benefit and not for the company and also cause harm to minority shareholders. In an effort to identify and analyze the legal protection of minority shareholders in the capital market, the authors conducted a normative research conducted using statute approach and case approach. Based on the results of the study authors obtain answers to problems that exist, that the legislation we have to protect the minority shareholders of a transaction with conflict of Interest. Capital Market Laws protects manner collision Interest every transaction must first be approved by minority shareholders, Law of Company Limited also gave the rights for minority shareholders to protect against conflict of interest potentially detrimental.In the case of the sale of shares. Matahari Putra Prima,Inc. very strong indication of the relatively conflict of interest. However, Bapepam-LK in that time has done its job properly in accordance with the law to protect minority shareholders In response to these facts then every company would need to apply the principles of good corporate governance that the company's actions are not inflicted losses to stakeholders. It should also presumably for minority shareholders who feel aggrieved by a conflict of interest transactions continue to act within the law and harness protection has been granted by the applicable regulations.

Keywords: Legal Protection, Minority Shareholders, Conflict of Interest Transaction.