Karya Ilmiah
DISERTASI (265) - Tanggung Jawab Pemegang Saham Bank Sebagai Perwujudan Prinsip Kehati - Hatian
The essential identification of shareholders is the owner of capital in a
limited liability company. The law gives limited responsibility to shareholders
characteristic. However, in practice, especially in banking business, limited
liability is used to eliminate possibility of losses experienced by the shareholders,
which in fact results in bank’s adversity and stakeholder of the banks, specifically
the depositors. From the tables that are displayed, there are problems faced by
the bank as a result of the actions of the shareholders of the banks concerned.
There are two legal issues in research. First, the nature of the position of
bank shareholders. Second, the responsibility of the bank's shareholders. In
answering the two legal issues normative juridical method is used, by analyzing
primary and secondary legal materials obtained by means of literature studies.
In this study new arguments were found. The liability of bank shareholders
comes out of the concept of liability based on BW. Without intentions, negligence
and also on matters that are borne, bank shareholders are liable. The liability of
shareholders is also comes from the concept of liability based on the Limited
Liability Company Law. Limited shareholders rule do not apply to bank
shareholders. Likewise with unlimited liability, without fault as Piercing The
Corporate Veil based, bank shareholders are liable
Keywords: bank, shareholders, liability, prudential
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