Based on decision of the case no. 30/PDT.G/2009/PN.BTM in Batam Court jo. Riau High Court’s decision no. 32/PDT/2012/PT, Riau jo. Supreme Court decision no. K/2010 3069, that all these decisions have already mentioned that the contents of the letter agreement Applicant / Defendant would sell shares in PT.Igata Jaya Perdania to David Oktarevia / plaintiff without mentioning the price of shares and estimating how each piece will be sold.

But it is by the Supreme Court be the basis of the shift of 60%-owned shares to be owned by David Oktarevia Petitioner / Plaintiff. Therefore, the applicant considers the decision violated his constitutional rights, as opposed to Article 55, Article 56, Article 57, Article 58 and Article 59 of Act on Limited Company no. 40/2007. The consequence is the article has to be canceled.

This was stated by the Petitioners Legal Counsel to the Assembly Wahyudhi Harsowiyoto Constitutional Court to testify at legal status (legal standing) Petitioner in the hearing improvement review of Limited Company Act no. 40/2007, Thursday (22/3) at the Plenary Meeting Room of the Constitutional Court (MK). No testing of the Act in the case. 20/PUU-X/2012 was tested by Ali Haji Agus as the President Director of PT. Igata Perdania Jaya.

Later in the trial, Wahyudhi also explains the petition in the petition. The applicant in his statement asked the Constitutional Court to declare the decision of the Supreme Court No. 3069 K/2010 valid and binding as a legal basis, and cancel Article 55, Article 56, Article 57, Article 58 and Article 59 of Act on Limited Company no. 40/2007.

The provisions of Article 55 of Act no. 40/2007 stated, "In the company's articles of association is determined how the transfer of rights to shares in accordance with legislation". Then, Article 56 of the Act reads, "(1) The transfer of rights over shares in the name carried by the deed of transfer of right, (2) Deed of transfer of rights referred to in paragraph (1) the copy is delivered in writing to the Company: (3) Directors shall record the transfer of rights over shares in the name, date and day of transfer of rights in the Special Register ... "

Furthermore Article 57 of the Act states: "(1) The articles of association may set the terms for transfer of shares, namely: a. mandatory offer to shareholders prior to a particular classification or other shareholders; b. must receive prior approval from the organ of the company; c. must receive prior approval from the competent authority in accordance with the provisions of the legislation ".

Article 58 of Law PT, among others, says, "In terms of the articles of association require the selling shareholder offering shares prior to the classification of certain shareholders or other shareholders, within 30 (thirty) days from the date of bidding shareholders apparently do not buying, selling shareholder may offer and sell to third parties ". Furthermore, Article 59 of them said, "Approval of transfer of rights over shares which require the approval or rejection of organ company, should be given in writing within a period of 90 (ninety) days from the date the company received a request for approval organ transfer of rights over shares ".

In previous occasions, the Petitioner asserts that the decision was legally binding (van inkracht gewijsde) would harm the business sector in promoting growth and development of national economy, especially the demands of globalization that emphasizes the principles of good governance, transparency, accountability and equality of business entities, especially limited liability companies. (Shohibul Umam / mh/Yazid.tr)