KEDUDUKAN HARTA DIREKSI SEBAGAI PENJAMIN DALAM DAFTAR PERTELAAN BOEDEL PAILIT DITINJAU DARI PRINSIP FIDUCIARY DUTY Studi Putusan Nomor : 15/Pdt.Sus-Gugatan Lain-lain/2019/PN.Niaga.Jkt.Pst.

In case In case Number: 15/Pdt.Sus-Other Lawsuits/2019/Pn.Niaga Jkt.Pst. It was proven that there had been a debt and receivables agreement between PT Sinar Lestari Utrindo and PT Bank Maybank Indonesia as plaintiffs and Halim Wijaya Junto PT Bank Maybak, both of whom subsequently became defendants. The background of this research is how the judge at the Central Jakarta Commercial Court considered in granting the plaintiff's petition with the inclusion of Halim Wijaya's assets as a director in Case Number: 15/Pdt.Sus-Gugatan Lain-lain/2019/Pn.Niaga.Jkt.Pst into the bankruptcy boedal list of the plaintiff's company. This research aims to examine: the judge's consideration of the position of directors' assets in decision number: 15/Pdt.Sus-Gugatan Others/2019/Pn.Niaga.Jkt.Pst in terms of the principle of Fiduciary Duty. The type of research used in this research is normative juridical using data collection techniques through literature study. The results of the research show that: In the judge's consideration of Decision Number: 15/Pdt.Sus-Gugatan Others/2019/Pn.Niaga.Jkt.Pst it was deemed inappropriate in giving this decision because in the judge's consideration the Central Jakarta Court did not consider article 97 paragraph 3 of the PT Law which explicitly emphasizes the responsibility of a director only applies if he can be proven guilty or negligent in carrying out his duties and functions. Then the judge at the Central Jakarta Commercial Court also did not take into account the principle of Fiduciary Duty which states that if the management and management of a company is carried out by directors based on good faith, then the directors cannot be held responsible for events that occur in the company.