[ ABSTRAK
Saham Perseroan Terbatas Tertutup merupakan benda yang dapat dipindahkankepemilikannya melalui perjanjian hibah dan/atau perjanjian jual beli.Pemindahan hak atas saham melalui perjanjian ini harus tunduk pada persyaratandan juga tata cara yang diatur dalam peraturan perundang-undangan maupunAnggaran Dasar Perseroan agar sah secara hukum. Apabila syarat-syarat tersebuttidak terpenuhi maka pemindahan hak atas saham itu dapat dikatakan sebagaisebuah perbuatan melawan hukum, sebagaimana dapat ditemui dalam putusan No.604/Pdt.G/2011/PN.Jkt.Sel. Dua permasalahan utama yang akan dibahas dalampenulisan ini adalah bagaimana tata cara pemindahan hak atas saham PerseroanTerbatas Tertutup melalui perjanjian jual beli dan hibah serta bentuk perbuatanmelawan hukum yang terjadi dalam perkara di atas. Penulisan dalam skripsi inimenggunakan pendekatan yuridis normatif dengan metode penelitiankepustakaan. Berdasarkan hasil analisis skripsi ini, pelanggaran unsur esensialiadalam suatu perjanjian pemindahan hak atas saham merupakan sebuah perbuatanmelawan hukum. Oleh karena itu penting bagi para pihak untuk patuh sertamemahami ketentuan umum perjanjian dan juga tata cara pemindahan hak atassaham yang telah diatur dalam peraturan perundang-undangan.
ABSTRACT Shares of Non-Publicly Listed Limited Liability Company are objects whoseownership can be transferred through grant and/or sale and purchase agreement.The transfer of rights over share by agreement must adhere to the requirementsand procedures as set out within applicable laws and Articles of Association inorder to have legally binding power. If such requirements are not observed, thetransfer of rights over shares can be considered as an unlawful act which can befound in the decision No. 604/Pdt.G/2011/PN.Jkt.Sel. Two main issues that willbe analyzed in this thesis are procedures of transfer of rights over shares throughgrant and share and purchase agremeement, as well as the unlawful act takenplace in the case above. This thesis adopts the juridical normative approach usingliterary research method. As a result of the analysis in this thesis, the infringementof essential element in a transfer of rights over share through agreement isconsidered as an unlawful act. Therefore, it is important for the parties to abide byand understand the general provisions on agreements and the proceduresconcerning the transfer of rights over shares as governed under the applicablelaws.;Shares of Non-Publicly Listed Limited Liability Company are objects whoseownership can be transferred through grant and/or sale and purchase agreement.The transfer of rights over share by agreement must adhere to the requirementsand procedures as set out within applicable laws and Articles of Association inorder to have legally binding power. If such requirements are not observed, thetransfer of rights over shares can be considered as an unlawful act which can befound in the decision No. 604/Pdt.G/2011/PN.Jkt.Sel. Two main issues that willbe analyzed in this thesis are procedures of transfer of rights over shares throughgrant and share and purchase agremeement, as well as the unlawful act takenplace in the case above. This thesis adopts the juridical normative approach usingliterary research method. As a result of the analysis in this thesis, the infringementof essential element in a transfer of rights over share through agreement isconsidered as an unlawful act. Therefore, it is important for the parties to abide byand understand the general provisions on agreements and the proceduresconcerning the transfer of rights over shares as governed under the applicablelaws.;Shares of Non-Publicly Listed Limited Liability Company are objects whoseownership can be transferred through grant and/or sale and purchase agreement.The transfer of rights over share by agreement must adhere to the requirementsand procedures as set out within applicable laws and Articles of Association inorder to have legally binding power. If such requirements are not observed, thetransfer of rights over shares can be considered as an unlawful act which can befound in the decision No. 604/Pdt.G/2011/PN.Jkt.Sel. Two main issues that willbe analyzed in this thesis are procedures of transfer of rights over shares throughgrant and share and purchase agremeement, as well as the unlawful act takenplace in the case above. This thesis adopts the juridical normative approach usingliterary research method. As a result of the analysis in this thesis, the infringementof essential element in a transfer of rights over share through agreement isconsidered as an unlawful act. Therefore, it is important for the parties to abide byand understand the general provisions on agreements and the proceduresconcerning the transfer of rights over shares as governed under the applicablelaws.;Shares of Non-Publicly Listed Limited Liability Company are objects whoseownership can be transferred through grant and/or sale and purchase agreement.The transfer of rights over share by agreement must adhere to the requirementsand procedures as set out within applicable laws and Articles of Association inorder to have legally binding power. If such requirements are not observed, thetransfer of rights over shares can be considered as an unlawful act which can befound in the decision No. 604/Pdt.G/2011/PN.Jkt.Sel. Two main issues that willbe analyzed in this thesis are procedures of transfer of rights over shares throughgrant and share and purchase agremeement, as well as the unlawful act takenplace in the case above. This thesis adopts the juridical normative approach usingliterary research method. As a result of the analysis in this thesis, the infringementof essential element in a transfer of rights over share through agreement isconsidered as an unlawful act. Therefore, it is important for the parties to abide byand understand the general provisions on agreements and the proceduresconcerning the transfer of rights over shares as governed under the applicablelaws.;Shares of Non-Publicly Listed Limited Liability Company are objects whoseownership can be transferred through grant and/or sale and purchase agreement.The transfer of rights over share by agreement must adhere to the requirementsand procedures as set out within applicable laws and Articles of Association inorder to have legally binding power. If such requirements are not observed, thetransfer of rights over shares can be considered as an unlawful act which can befound in the decision No. 604/Pdt.G/2011/PN.Jkt.Sel. Two main issues that willbe analyzed in this thesis are procedures of transfer of rights over shares throughgrant and share and purchase agremeement, as well as the unlawful act takenplace in the case above. This thesis adopts the juridical normative approach usingliterary research method. As a result of the analysis in this thesis, the infringementof essential element in a transfer of rights over share through agreement isconsidered as an unlawful act. Therefore, it is important for the parties to abide byand understand the general provisions on agreements and the proceduresconcerning the transfer of rights over shares as governed under the applicablelaws.;Shares of Non-Publicly Listed Limited Liability Company are objects whoseownership can be transferred through grant and/or sale and purchase agreement.The transfer of rights over share by agreement must adhere to the requirementsand procedures as set out within applicable laws and Articles of Association inorder to have legally binding power. If such requirements are not observed, thetransfer of rights over shares can be considered as an unlawful act which can befound in the decision No. 604/Pdt.G/2011/PN.Jkt.Sel. Two main issues that willbe analyzed in this thesis are procedures of transfer of rights over shares throughgrant and share and purchase agremeement, as well as the unlawful act takenplace in the case above. This thesis adopts the juridical normative approach usingliterary research method. As a result of the analysis in this thesis, the infringementof essential element in a transfer of rights over share through agreement isconsidered as an unlawful act. Therefore, it is important for the parties to abide byand understand the general provisions on agreements and the proceduresconcerning the transfer of rights over shares as governed under the applicablelaws., Shares of Non-Publicly Listed Limited Liability Company are objects whoseownership can be transferred through grant and/or sale and purchase agreement.The transfer of rights over share by agreement must adhere to the requirementsand procedures as set out within applicable laws and Articles of Association inorder to have legally binding power. If such requirements are not observed, thetransfer of rights over shares can be considered as an unlawful act which can befound in the decision No. 604/Pdt.G/2011/PN.Jkt.Sel. Two main issues that willbe analyzed in this thesis are procedures of transfer of rights over shares throughgrant and share and purchase agremeement, as well as the unlawful act takenplace in the case above. This thesis adopts the juridical normative approach usingliterary research method. As a result of the analysis in this thesis, the infringementof essential element in a transfer of rights over share through agreement isconsidered as an unlawful act. Therefore, it is important for the parties to abide byand understand the general provisions on agreements and the proceduresconcerning the transfer of rights over shares as governed under the applicablelaws.] |
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