BENTURAN KEPENTINGAN TIDAK LANGSUNG OLEH DIREKTUR DALAM MENGELOLA PERSEROAN TERBATAS

Abstract

Birth of Law Number 40 Year 2007 regarding Limited Liability Company (hereinafter referred to as the Company Law). is expected to provide a solution to the limited liability company as a legal entity to deal with the demands of economic development today. Demands faced limited liability company is about transactions conducted by the relevant organs, in particular by the director of a limited liability company with others having a close relationship with the director of a limited liability company that raises a conflict of interest. that actions such as self dealing, accepting gifts or benefits include all forms of bribery and kick-back fee, peddling influence (influence pedding), utilizing company assets for personal benefit (using employer's propety for private advantage) and take advantage of confidential information (using confidential information) is some form of Conflict of Interest. Factors that cause the Conflict of Interest is the internal factors are derived from transactions Conflict of Interest is done inside the company may for personal benefit of its directors, while external factors are transactions Conflict of Interest made by the director to gain own private not for profit company, but do it in silence -diam and collusion. the arrangement of the Conflict of Interest is already provided for in Article 99 of the Company Law, but did not explain the forms of Conflict of Interest by the director and when a director can commit a transaction that causes the Conflict of Interest. Not specifically about setting a standard conflict of interest standards and director responsibilities within the Company Law led to the decision maker can not do much to make, weigh and impose sanctions on perpetrators of such conflicts of interest.