Responsibility and Management of Company Assets in the Event of Fraud (Case Study of the Supreme Court's Decision Number 3007 K / Pdt. / 2014)

Abstract

Limited partnership is a form of company not a legal entity. There are two allies in limited partnership who have different responsibilities, namely complementary allies or active allies are responsible for personal property and act in running the CV, management and enter into agreements or legal relationships with third parties. Allied partners or passive allies are only responsible for the amount of capital that has been deposited into the CV. The allies' agreement to establish a limited partnership was set forth in the deed of a limited partnership. In a limited partnership does not rule out the existence of default actions committed by allies against other allies that are not in accordance with the agreement on the contents of the deeds of limited partnership. As in the Decision of the Supreme Court Number 3007 K / Pdt. / 2014, for this research, it examines and discusses, firstly how to manage the wealth of limited partnership and legal consequences for allies who commit acts of default, and secondly how the responsibility of the Director of CV in the act of default agreement deed of establishment of limited partnership. This research is a normative legal research with the type of analysis descriptive research, the analysis is carried out based on the description and facts obtained. The data used are secondary data that is data obtained through library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the research and discussion determine that the management of the wealth of limited partnership is carried out by the complementary allies as the Director of CV and the legal consequences arising from the act of default is the issuance of Supreme Court decision No. 3007 K / Pdt. / 2014 which rejects all the reasons for appeal from the Defendant as Director. The Decision of the Pekanbaru High Court which annulled the decision of the Batam District Court was not wrong to apply the law because the decision and judgment were considered to be true, stating that it was legal according to the deed of the Comanditer Company CV. Prima, sentenced the defendant to submit financial statements, sentenced the defendant to pay 40 (forty) percent of the profit and capital portion of Rp 40,000,000.00 (forty million rupiah) to the Plaintiff.