BENTURAN KEPENTINGAN TIDAK LANGSUNG OLEH DIREKTUR DALAM MENGELOLA PERSEROAN TERBATAS

Abstract

Birth of Law Number 40 Year 2007 regarding Limited Liability Company (hereinafter
referred to as the Company Law). is expected to provide a solution to the limited liability
company as a legal entity to deal with the demands of economic development today.
Demands faced limited liability company is about transactions conducted by the relevant
organs, in particular by the director of a limited liability company with others having a
close relationship with the director of a limited liability company that raises a conflict of
interest. that actions such as self dealing, accepting gifts or benefits include all forms of
bribery and kick-back fee, peddling influence (influence pedding), utilizing company
assets for personal benefit (using employer's propety for private advantage) and take
advantage of confidential information (using confidential information) is some form of
Conflict of Interest. Factors that cause the Conflict of Interest is the internal factors are
derived from transactions Conflict of Interest is done inside the company may for personal
benefit of its directors, while external factors are transactions Conflict of Interest made by
the director to gain own private not for profit company, but do it in silence -diam and
collusion. the arrangement of the Conflict of Interest is already provided for in Article 99

of the Company Law, but did not explain the forms of Conflict of Interest by the director
and when a director can commit a transaction that causes the Conflict of Interest. Not
specifically about setting a standard conflict of interest standards and director
responsibilities within the Company Law led to the decision maker can not do much to
make, weigh and impose sanctions on perpetrators of such conflicts of interest.