Wahyudi Wahyudi, Muhammad Tauvic Annur, Nuri Safitri, Sakirah Sakirah

Perlindungan Hukum Bagi Pemegang Saham Minoritas dalam Kasus Sengketa Perusahan

Introduction

Perlindungan hukum bagi pemegang saham minoritas dalam kasus sengketa perusahan. Analisis perlindungan hukum pemegang saham minoritas dalam sengketa perusahaan di Indonesia. Bahas mekanisme, tantangan dominasi mayoritas, & solusi tata kelola korporasi yang lebih adil.

Abstract

Legal protection for minority shareholders in corporate disputes is a crucial aspect in maintaining the principles of fairness and balance in corporate governance. Minority shareholders are often in an unbalanced position due to the dominance of majority shareholders in strategic decision-making. This study aims to analyze the forms of legal protection available to minority shareholders in Indonesia and evaluate the effectiveness of their implementation. The research method used is normative juridical with a legislative approach, literature study, and case analysis. The results of the study show that there are two main forms of legal protection, namely preventive (through the right to information, the right to vote in the GMS, and the right to object) and repressive (through the right to sue, arbitration mechanism, and mediation). However, the effectiveness of this protection is still constrained by the dominance of majority shareholders, limited access to information, and low legal awareness among minority shareholders. The discussion in this article highlights the need to strengthen regulations, increase corporate transparency, legal education, and optimize non-litigation dispute resolution to create a fairer and more functional legal protection system for minority shareholders.

Review

This paper addresses the highly pertinent issue of legal protection for minority shareholders in corporate disputes within Indonesia. The abstract clearly articulates the critical need for such protection, given the inherent power imbalance created by majority shareholder dominance in strategic decision-making. By aiming to analyze existing forms of protection and evaluate their effectiveness, the study positions itself to offer valuable insights into a fundamental aspect of corporate governance and fairness, particularly relevant in jurisdictions where governance structures might still be evolving. The topic is undeniably crucial for fostering investor confidence and promoting ethical business practices. The research employs a normative juridical approach, supplemented by legislative, literature, and case analysis methods, which appears well-suited for a legal study examining established frameworks and their practical application. The findings systematically categorize legal protection into two main forms: preventive mechanisms, such as the right to information, voting, and objection, and repressive measures, including the right to sue, arbitration, and mediation. Crucially, the study identifies significant constraints on the effectiveness of these protections, attributing them to continued majority shareholder dominance, limited access to information, and low legal awareness among minority shareholders. This dual presentation of available mechanisms and their practical shortcomings forms the core analytical contribution described in the abstract. The discussion thoughtfully extends these findings by advocating for a multi-pronged approach to enhance minority shareholder protection. Recommendations include strengthening regulations, improving corporate transparency, increasing legal education for shareholders, and optimizing non-litigation dispute resolution mechanisms. These suggestions point towards a practical pathway for creating a more equitable and functional legal framework. While the abstract effectively outlines the problem, existing solutions, and their challenges, a full review of the paper itself would be needed to assess the depth of the case analysis and the specific empirical evidence supporting the identified constraints and recommended solutions. Nevertheless, the study's scope and conclusions, as presented, make a commendable contribution to understanding and improving corporate governance for minority shareholders in Indonesia.

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