This research is motivated by the investment losses experienced by PT
Telekomunikasi Indonesia Tbk through its subsidiary, Telkomsel, to the company
merger PT GoTo Gojek Tokopedia Tbk, which suffered a loss of IDR 7.7 trillion.
In this case, Telkomsel has the right to be responsible for the investments put into
the Gojek and Tokopedia (GoTo) companies. Investment losses cannot be borne by
the directors, because the directors carry out their roles by adhering to the
principlesfiduciary duty. Losses experienced by PT Telekomunikasi Indonesia Tbk.
The limited liability system for shares in PT is regulated in Article 3 Paragraph (1) of the Company Law. The method used in this study is normative juridical with a statutory regulatory approach which is analyzed qualitatively. The conclusion obtained is that there are no legal gaps or conflicts of interest and the investment loses money due to market mechanisms that usually occur in the capital market.
Until now there has been no definite form of responsibility from GoTo for investment funds made by Telkomsel.