IMPLEMENTATION OF THE GENERAL MEETING OF SHAREHOLDERS OF THE PUBLIC LISTED COMPANY DURING THE IMPLEMENTATION OF RESTRICTIONS ON COMMUNITY ACTIVITIES (PPKM)

Abstract

Currently, various countries, including Indonesia, are being hit by an outbreak of a virus pandemic known as Covid-19. Everyone keeps their distance to break the chain of transmission; even various companies implement policies to implement a work from home (WFH) system to reduce the possibility of spreading the virus. The problem is that a Public Company must hold a GMS within six months after closing the company’s financial year. In connection with the increasingly rampant covid-19 virus pandemic and the policy from the President of the Republic of Indonesia dated July 1, 2021, regarding emergency PPKM from July 3, 2021, to July 20, 2021, in the Java and Bali regions, the implementation of the RUPS of Public Company is very forced to go through virtual. This study aims to obtain answers to the following problems: (1) How is the process of the RUPS of a Public Company held virtually to remain valid during PPKM; (2) How is the mechanism for implementing the RUPS? Of a Public Company using the Electronic RUPS facility. Solving this problem is pursued by empirical normative legal research methods using secondary data. The results of this study are: (1) The RUPS process for Public companies is accommodated in the provisions of POJK Number 15/POJK.04/2020 and POJK Number 16/POJK.04/2020. The e-RUPS will still be declared valid if it does not conflict with the Company Regulations and POJK; (2) The mechanism for implementing the e-GMS using the E-RUPSS facility through eASY.KSEI has been carried out in 4 (four) stages: Announcement of the RUPSS, Invitation to the RUPS, Implementation of the RUPSS, and Reporting of the RUPSS.