Today’s Legal Enlightenment (Tuesday, 12 July, 2022) – “THE COMPANY RESPONSIBILITY”
At the Appeal to the High Court level, there is legal consideration stating that the action of the Board of Directors of PT Bank PDI which drew a blank cheque on behalf of the Bank in dishonest intentions and violated the personal responsibility of the Board of Directors. Therefore, the unlawful act cannot be held accountable to PT Bank PDI as a company.
The Supreme Court then annulled the Appeal Decision on the grounds that the Director was the person appointed by the Bank to withdraw the Banker’s Cheques on behalf of the Bank. Therefore, any consequence of the Director’s actions is the responsibility of PT Bank PDI because it turns out that the cheque in this case has been withdrawn without coercion and deceit.
Supreme Court Decision No. 367 K/Sip/1972 dated January 24, 1974
Source: Hukum Perseroan Terbatas by M. Yahya Harahap, S.H.
Regards,
Fredrik J. Pinakunary