Kekurangan Penyetoran Modal Secara Penuh oleh Pemegang Saham dalam Perseroan Terbatas (Putusan MAHKAMAH AGUNG Nomor 213 PK/Pdt/2015)

Abstract

We analyze the decision in case Number 213 PK/Pdt/2015 PT. Parna Jaya did not make a full deposit, but only part of the shares as capital. In accordance with the provisions of Article 34 paragraph 1 of the PT Law, the founders of the company make deposits for each part of the share capital taken up in the form of money or other forms. The deposits are made by PT. Parna Jaya is land that has been agreed upon based on Basic Agreement No. WN/1317/1970. By not carrying out their obligations in paying in full the issued capital and also in implementing the distribution of dividends for shareholders who do not carry out their obligations, there will be legal consequences for the position of shareholders, so the formulation of the problem is how the right to distribute dividends from PT. Parna Jaya which did not make a full capital deposit. The results of this research are that the ownership status of shareholders who do not deposit capital in full does not have legality and validity as legal shareholders. Founders who do not fulfill their obligations will cause the founders to lose their rights to dividends and other shareholder rights.