Responsibility Of The Board Of Directors In Bankruptcy Of Limited Liability Companies From The Perspective Of Law Number 40 Of 2007

AbstracThis research was conducted with the aim to explain to the academic world and the wider community regarding the responsibilities of the board of directors on the bankruptcy of a limited company, either caused by the negligence of the directors themselves or due to external error factors of the limited company. This paper uses a normative legal research method by using a statutory regulatory approach. The results of this study show that if the company goes bankrupt caused by the negligence of the board of directors while the bankrupt's debt is not sufficient to pay in full the company's obligations in bankruptcy, then they are jointly and severally liable or jointly responsible for all unpaid obligations of the bankrupt estate, but if the directors have carried out their duties well, apply the principle of prudence for the benefit of the company, not experiencing a conflict of interest, either directly or indirectly, in terms of company management actions which results in loss and has taken action to prevent the loss, then the directors cannot be held responsible for the company's losses. In this paper, the researcher provides input that the regulation Law Number 40 of 2007 concerning bankruptcy, there must be updates, especially article 97 regarding the responsibilities of directors which tend to be general in nature. By explaining specifically what constitutes negligence causing the company to go bankrupt of course it will facilitate the legal process, Are the directors really responsible for the bankruptcy? or caused by external factors beyond the control of the board of directors.