Abstract:
A company could appoint its employee become a director. However, the
appointment raises problem at the end of the term of office of a Director, since there
is an unresolved rights upon the employee. Therefore, a director demands the
normative rights of employee when he is no longer employed by the Company. This
thesis uses juridical normative method, problem analyzes based on the study of
theories, principles and refers to the applicable legislations in Indonesia. This thesis
is a case study on verdict No. 526 K/Pdt.Sus-PHI/2015. This thesis analyzes the
suitability of the verdict with the provisions of legislation, the theories and
principles that apply. As for that, the results of the study state that the legal standing
between Directors and Employees is different. The Director is absolutely as a
company organ, has executive functions upon daily management within the
company. Director cannot be considered to have the same legal standing as
employee. Director and employee has different duties, authorities, rights and
obligations. Therefore, before the company wants to appoint an employee to
become a Director, the company shall to have a termination of employment first.
So there would not be a dualism of legal relations upon the related person with the
company. As well as not causing misunderstanding regarding the rights of the
related person when he is no longer employed by the company.
