Guardians must obtain approval from the court before transferring shares owned by minors

Oct 13, 2025 by windailys.com 41 views

Juridical Analysis of the Transfer of Limited Liability Company Shares of Minors in Limited Liability Companies (Study of MA Decision Number 1262 K/Pdt/2011)

Introduction

The transfer of shares in a limited liability company involving minors is a complex legal issue, as happened in the case of PT. Moeis Contractor. In this case, parents give shares to their children who are still underage. However, the guardian of the child diverted shares without obtaining approval from the authorized Medan District Court. When the child is an adult, he filed a lawsuit to cancel the transfer because he felt disadvantaged. This raises a number of questions, including: What is the legal position of minors as shareholders in a limited liability company? What is the role of the guardian in the transfer of shares owned by minors? What are the judges' considerations in the Supreme Court (MA) decision No. 1262 K/PDT/2011 which states that the transfer of shares by the guardian is legally flawed and null and void?

Background of the Study

The transfer of shares in a limited liability company involving minors is a complex legal issue that requires a deep understanding of children's rights and the role of guardians in business transactions. The Indonesian legal system provides protection for minors, ensuring that their interests are not misused by guardians or parents. However, the transfer of shares is not a trivial action; rather it requires a clear legal process so as not to violate the rights of children as shareholders.

Methodology

This study was conducted using the normative juridical method, where the approach used included the legislation approach, legal doctrine study, and analytical descriptive methods by relying on secondary data. The study aimed to analyze the legal position of minors as shareholders in a limited liability company, the role of the guardian in the transfer of shares owned by minors, and the judges' considerations in the Supreme Court (MA) decision No. 1262 K/PDT/2011.

Results

From the results of the study, it can be concluded that the management of shares owned by minors must be carried out by guardians. Parents or guardians cannot transfer the rights to the shares without the approval of the court. The basis of judges' considerations in this case is very important, especially in explaining legal implications for the actions of guardians. Based on Supreme Court Decision No. 203 PK/PDT/2007, acts of transfer of shares by the guardian without the approval of the court are considered legally flawed. Therefore, the transfer carried out does not have legal force and can be canceled.

Discussion

The transfer of shares involving a minor in a limited liability company must be carried out by taking into account existing legal provisions. Court involvement in giving approval is an important step to protect the rights of children and prevent adverse actions. This legal affirmation is expected to be a reference for further legal practices in managing the rights of minors in the business world. The Indonesian legal system provides protection for minors, ensuring that their interests are not misused by guardians or parents.

Conclusion

In conclusion, the transfer of shares involving a minor in a limited liability company must be carried out by taking into account existing legal provisions. Court involvement in giving approval is an important step to protect the rights of children and prevent adverse actions. This legal affirmation is expected to be a reference for further legal practices in managing the rights of minors in the business world.

Recommendations

Based on the results of this study, the following recommendations are made:

Guardians must obtain approval from the court before transferring shares owned by minors. This is to ensure that the rights of children as shareholders are protected and to prevent adverse actions.
Parents or guardians must be aware of the legal implications of transferring shares owned by minors. This is to ensure that they understand the legal process involved in transferring shares and to prevent any potential legal issues.
The Indonesian legal system must continue to provide protection for minors. This is to ensure that the rights of children as shareholders are protected and to prevent any potential exploitation by guardians or parents.

Limitations of the Study

This study has several limitations, including:

The study only analyzed one case. This means that the results of the study may not be generalizable to other cases.
The study only used secondary data. This means that the study may not have access to primary data, which could provide more accurate information.
The study only focused on the legal aspects of the transfer of shares. This means that the study may not have considered other factors, such as economic or social factors, that could impact the transfer of shares.

Future Research Directions

Based on the results of this study, the following future research directions are suggested:

Conducting a more comprehensive study on the transfer of shares involving minors. This could involve analyzing multiple cases and using primary data to provide more accurate information.
Examining the economic and social implications of the transfer of shares involving minors. This could involve analyzing the impact of the transfer of shares on the economic and social well-being of minors.
Developing a more comprehensive legal framework for the transfer of shares involving minors. This could involve revising existing laws and regulations to provide more protection for minors and to prevent adverse actions.
Frequently Asked Questions (FAQs) about the Transfer of Limited Liability Company Shares of Minors in Limited Liability Companies

Q: What is the legal position of minors as shareholders in a limited liability company?

A: According to the Indonesian legal system, minors have the right to own shares in a limited liability company. However, the management of shares owned by minors must be carried out by guardians. Parents or guardians cannot transfer the rights to the shares without the approval of the court.

Q: What is the role of the guardian in the transfer of shares owned by minors?

A: The guardian has a significant role in the transfer of shares owned by minors. They must obtain approval from the court before transferring shares, and they must ensure that the rights of the minor as a shareholder are protected.

Q: What are the judges' considerations in the Supreme Court (MA) decision No. 1262 K/PDT/2011?

A: The judges' considerations in the Supreme Court (MA) decision No. 1262 K/PDT/2011 are based on the principle that acts of transfer of shares by the guardian without the approval of the court are considered legally flawed. Therefore, the transfer carried out does not have legal force and can be canceled.

Q: What are the legal implications of transferring shares owned by minors without the approval of the court?

A: Transferring shares owned by minors without the approval of the court is considered legally flawed. This means that the transfer carried out does not have legal force and can be canceled.

Q: How can guardians ensure that the rights of minors as shareholders are protected?

A: Guardians can ensure that the rights of minors as shareholders are protected by obtaining approval from the court before transferring shares, and by ensuring that the minor's interests are taken into account in any business decisions.

Q: What are the consequences of transferring shares owned by minors without the approval of the court?

A: The consequences of transferring shares owned by minors without the approval of the court can be severe. The transfer carried out may be considered null and void, and the guardian may be held liable for any losses or damages incurred by the minor.

Q: How can parents or guardians ensure that they are aware of the legal implications of transferring shares owned by minors?

A: Parents or guardians can ensure that they are aware of the legal implications of transferring shares owned by minors by consulting with a lawyer or other legal expert, and by ensuring that they understand the legal process involved in transferring shares.

Q: What are the benefits of having a clear legal framework for the transfer of shares involving minors?

A: Having a clear legal framework for the transfer of shares involving minors can provide several benefits, including:

Ensuring that the rights of minors as shareholders are protected
Preventing adverse actions by guardians or parents
Providing a clear and transparent process for transferring shares
Ensuring that the interests of minors are taken into account in any business decisions

Q: How can the Indonesian legal system continue to provide protection for minors?

A: The Indonesian legal system can continue to provide protection for minors by:

Ensuring that the rights of minors as shareholders are protected
Providing a clear and transparent process for transferring shares
Ensuring that the interests of minors are taken into account in any business decisions
Providing education and training for guardians and parents on the legal implications of transferring shares owned by minors.