PENERAPAN PIERCING THE CORPORATE VEIL PADA PERSEROAN TERBATAS : STUDI PERBANDINGAN INDONESIA DAN AUSTRALIA

Abstract

The application of the Piercing the Corporate Veil doctrine in Limited Liability Companies (PT) in Indonesia and Australia. This doctrine allows personal liability of shareholders and directors in certain situations, abolishes the principle of limited liability, and encourages accountability and compliance with the law in corporate governance.This research method uses a normative approach by relying on literature as a data source. This research applies a statutory approach and a conceptual approach to analyze the application of the Piercing the Corporate Veil doctrine in Indonesia and Australia. The Piercing the Corporate Veil doctrine in Indonesia allows shareholders and directors to be held personally liable if they violate the law or use the company for personal gain. This is regulated in Law No. 40 of 2007, which abolishes the principle of limited liability under certain conditions. In Australia, the doctrine of Piercing the Corporate Veil allows courts to disregard the protection of limited liability in cases of fraud, agency or abuse of power. Courts can hold shareholders and directors liable if they engage in illegal or dishonest acts, in accordance with common law principles. The Piercing the Corporate Veil doctrine allows courts to remove the protection of corporate law, so that individuals such as shareholders and directors can be held liable.