ASPEK-ASPEK HUKUM PERUSAHAAN DALAM PROSES MENUJU PT. PUBLIK (Kajian Hukum Terhadap PT. Publik di Pasar Modal)

Abstract

In accordance with the mandate and the spirit of 1945 constitution, the process of national development, especially the economic development is the responsibility of the whole Indonesian nation. Therefore, national economic development is not only performed by the government but also by private party particularly by Indonesian entrepreneurs. Based on the mandate and spirit, the government as the authority has issued some policies in economic through its national law such as Undang-Undang Nomor 1 Tahun 1995 about limited corporation and Undang-Undang Nomor 8 Tahun 1995 about stock market. Basically the essence of both national laws is to manage the structure and mechanism of Indonesian companies so that their existences as business entities in Indonesia can optimally operate, in order to, hopefully give contribution to national economic development process. Besides, through this law, it is expected that national companies can be national economic pillars to realize 17 August 1945 Proclamation hope which is prosperous and fair Indonesia community based on Pancasila and UUD 1945. Law policies about Indonesian limited corporation and stock market regulating corporations and its mechanism in national economic is expected to create conducive business climate and be backed up by legal assurance as well as the establishment of professional public companies on its managements and its operations. The professionalism of public companies appears in their responsibilities to public interest and public demand, since their existences and prospects greatly depend on the public trust to the companies. In their positions as public companies using public fund through Indonesian stock market, they have to be able to demonstrate their performance based on full and fair disclosure principles. These business principles must be professionally managed to consistently orient to public investor protection. Stock market as a media of public companies' action is a business of trust. Thus every public company acting in stock market should have its business activity showing its trust to public investors, because without investors there will not be public companies.