ANALISIS YURIDIS PUTUSAN PENGADILAN TINGGI SURABAYA NOMOR 815/PDT/2022/PT.SBY MENGENAI GUGATAN PERBUATAN MELAWAN HUKUM PENGUASAAN HAK ATAS SAHAM PT MITRA INVESTAMA ANUGRAH

Abstract

The underlying issue in the Surabaya High Court Decision Number 815/PDT/2022/PT.SBY, was whether the Defendant's control of 6,550 shares of PT Mitra Investama Anugrah constituted an unlawful act or not. However, in the Surabaya District Court Decision Number 48/Pdt.G/2022/PN.SBY, the underlying issue was whether the share sale and purchase were conducted legally or unlawfully. However, in the Surabaya District Court Decision Number 48/Pdt.G/2022/PN.Sby, the basis of the problem is whether the sale and purchase of shares was carried out legally or unlawfully. Based on this, there is a lack of clarity in the considerations regarding unlawful acts between the decisions of the appellate court judge and the first instance court judge. This study aims to analyze the basis of the judge's legal considerations and analyze the legal efforts that can be taken by the Plaintiff in this case. The results of this study were no unlawful acts were found to have been committed by the Defendant. This is because the share sale and purchase agreement met the requirements for a valid agreement under Article 1320 of the Civil Code. Therefore, the transfer of rights to 6,550 shares of PT Mitra Investama Anugrah was not carried out unlawfully. The legal action that can be taken by the Plaintiff is a cassation action and the Plaintiff can also file a new lawsuit based on different issues from the previous lawsuit.