Commissioner Liability

Commissioners of Indonesian limited liability companies actually have a lot of potential liability pursuant to the provisions of Law No. 40 of 2007 concerning Limited Liability Companies ("Company Law").

II. Commissioner Liability

Good Faith Management
Article 114(2) of the Company Law provides that every member of the Board of Commissioners is required to perform his/her supervisory duties and provision of advice to the board of directors in good faith, with care and accountability for the interests of the company in accordance with intentions and purposes of company. (Id. at Art. 114[2]).

Personal Liability
Articles 108(1) and 114(1) of the Company Law provides that the Board of Commissioners is accountable/liable for supervision of the management policies of the company, performance of management in general, both concerning the company as well as the business of the company, and providing advice to the Board of Directors.