ALTER EGO AS A FACTOR IN THE IMPLEMENTATION OF PIERCING THE CORPORATE VEIL IN SHAREHOLDERS’ RESPONSIBILITY

Abstract

The shareholders do not always have limited liability for the loss experienced by a PT. This condition may happen if shareholders have done wrongdoing that makes a PT their alter ego resulting in the implementation of piercing the corporate veil. It reflects in the breach of contract case of PT Bukit Asam Prima and PT Karunia Pratama Mandiri which both shareholders have a position as director and the otheras commissioner. This study aims to understand the influence of alter ego as a factor in the implementation of piercing the corporate veil and the shareholders’ responsibility as the result of piercing the corporate veil. Furthermore, this thesis used qualitative research that analyzed primary,

secondary, and tertiary data. The type of research used for this thesis is juridical- normative research with a researchapproach is the case approach. As the results

after analyzing the case, although a shareholder has a position in PT as a director or commissioner, it does not merely create a PT as an alter ego. This study found there is must be an indication of bad faith from the shareholders to make PT an alter ego and for the shareholders who are proven guilty, they should be jointly responsible for paying the debts of PT.