DISPUTES BETWEEN COMPANY ORGANS
 
The plaintiff, as the shareholder of PT NIC, objected to the actions of the Defendant as the Director and Commissioner who had made foreign currency transactions
(sales of foreign currency) outside the company’s activities to Defendant III without the approval of the GMS.
 
At the district court level, the plaintiff’s claim was granted, and the Defendant was declared to have committed an unlawful act, so the sale and purchase agreement
made with Defendant III was declared null and void.
 
The decision was upheld at the high court level, and the Defendant filed a legal action up to judicial review.
 
However, the Judicial Review Petitioner’s reasons cannot be justified because in the Bale Bandung District Court Decision No.6/Pdt.G/2009 PN. BB, in conjunction
with the decision of PT Bandung No. 270/PDT/2009/P T.BDG. jo MA decision No.1855 K/Pdt/2010, there was no Judge’s oversight or a real mistake because the considerations were correct;
 
The evidence submitted by the Judicial Review Petitioner is not in the nature of a Novum, which determines why the review does not fulfill the requirements specified
in Article 67(b) (f) of the Supreme Court Law.
 
The verdict rejected the judicial review application from the applicant.
 

Supreme Court Decision No. 699 PK/Pdt/2011.
 
Source:
Article entitled: “Disputes Between Company Organs, Civil and Criminal Lawsuits,” by Hamalatul Qurani, Hukumonline.com, 23 November 2022.
 
Best regards
Fredrik J. Pinakunary