IMPLEMENTATION OF PIERCING THE CORPORATE VEIL IN THE PROTECTION OF MINORITY SHAREHOLDERSIN HODING COMPANIES

Abstract

Progress of the company is one indicator of a country's economic progress, which means that the company has a major role in supporting the progress of the country, especially in the areas of taxation, which in turn is useful for the welfare of the community. By realizing the importance of meaning and existence of companies, we need a legal order or regulations regarding the company (law firm) including how to order the establishment of a company until the company has a legal status (legal entity) and the rights and obligations of organ-organs, including the provision of legal protection for minority shareholders from majority shareholders.

This study uses normative research method with presceptive analytical, refers to the values and legal norms contained in the legislation. As the primary legal materials used in this study is the Act No.40 Year 2007 regarding Limit. Liability Company.

The conclusion from this study show Piercing the corporate veil should be done in the protection of minority shares demonstrated that a limited liability company often can not be separated or removed from the will of the parties and become a shareholder of the Limited Liability Company. In the process of implementation of the coporate veil piercing in a limited liability company must meet the elements of shareholders' equity between the majority and minority shareholder