Written by Kiki Setiawan, S.H., LL.M.
Partner of Corporate and Commercial Division at Rima Baskoro & Partners
Roles and Duties of Board of Directors
The Indonesian Company Law, as regulated in Law Number 40 of 2007 regarding limited liability company, generally provides roles and duties of Board of Directors in a limited liability company. The main responsibility of board of directors to undertake the management of the company for the interest of the company and in accordance with the company’s purposes and objectives.
As a care taker of the company, board of directors is mandated to represent the company inside or outside the courts of justice. In a particular case, board of directors is not authorized to represent the company if: i) there is a case before the courts between the company and the member of board of directors concerned; or ii) the member of the board of directors concerned has a conflict of interests with the company.
Written by : Rima Gravianty Baskoro, S.H.
Managing Partner of Rima Baskoro & Partners Law Office
Many times we watched the news in mass media about drugs smuggling from other country to Indonesia (import) or from Indonesia to other country (export) conducted by foreign citizen(s). In Indonesia, drugs crime regulated in the Law of Republic of Indonesia number 35 year 2009 regarding Narcotics (“Narcotics Law”), in which its maximum punishment is death penalty.
Based on our experience in the field, some foreigners who caught smuggling the narcotics admitted that he/she was set up by a group of people. The entrapping was very structured , systematic and professional because carried out by a syndicate international narcotics trafficking, so that foreigners are not realize that the narcotics have been slid in his goods. The type of narcotics that usually smuggled is metamphetamine, with various weights. Foreigners often said that they were not aware that there are narcotics in their bag. They even just knew that there are narcotics in their bag after the customs officer at the airport check their bag.