The Rights of The Shareholders Minority in a Company: A Critical Analysis

Abstract

In an economic area, the national economy is operated to create prosperity of the society equally. To reach the purpose, it is needed supporting facilities such as “legal order” to encourage, to drive, and to control all development activities in the economic area. Basically, the first law of PT was the Law No. 1of 1995 Concerning Limited Liability Companies. It has been changed to the Law No. 40 of 2007 Concerning Limited Liability Companies. The protection of the rights of the shareholders minority can be found in article 61 (1) (2), article 62 (1) (2), article 138 (1), (2), (3), (4), (5), (6), and article 146 (1), (2), (6) of the Law No. 40 of 2007 on PT, as well as in various regulation. The purpose of it indeed is to protect the shareholders minority from the action of the shareholders majority or the company. The result of the research showed that some variables (indicators) of the rights of the shareholders minority showed that the indicators can been seen in the forms of the rights of the shareholders minority are  the rights of the company’s operating, the rights of accessing information of the company, the rights of a fair price, and the personal rights.

Keywords: the Rights of the Shareholders Minority and the Company