PENGECUALIAN KEWAJIBAN MELAKUKAN RUPS BAGI PERUSAHAAN TERBUKA BERDASARKAN PERATURAN OTORITAS JASA KEUANGAN NOMOR 17/POJK.04/2020 TAHUN 2020 TENTANG TRANSAKSI MATERIAL DAN PERUBAHAN KEGIATAN USAHA
Mahmud Ibnu Subkhi, Dr. Veri Antoni, S.H., M.Hum
2024 | Tesis | S2 ILMU HUKUM JAKARTA
This study aims to analyze the rationale behind the exemption from the obligation to hold a General Meeting of Shareholders (GMS) for publicly listed companies when securing company assets under POJK Number 17/POJK.04/2020 of 2020 (POJK 17/2020). The study also identifies and evaluates the impact on publicly listed companies when securing assets without GMS approval.
This research is a normative-empirical study, combining legal analysis with empirical data obtained through questionnaires and interviews with relevant parties. The normative aspect includes an analysis of POJK 17/2020 and its underlying legal theories, while the empirical aspect involves collecting data on the implementation of this policy in practice. Data were collected from various primary and secondary sources and analyzed using qualitative analysis methods.
The findings show that the exemption from GMS obligations provides flexibility and efficiency in business decision-making for publicly listed companies, but also raises issues of transparency and accountability that can affect shareholder trust. To mitigate potential conflicts, companies need to enhance transparency and good governance in every material transaction involving asset security. In conclusion, although this exemption offers operational benefits, companies must carefully implement it to maintain shareholder trust and ensure long-term stability and growth.
Kata Kunci : Material Transaction, RUPS, Rational