Corporate Dissolution in Indonesia: Legal Mechanisms, Public Interest, and Minority Shareholder Protection (Case Study of Supreme Court Decision No. 1618 K/Pdt/2016 And Constitutional Court Decision No. 63/PUU-XVI/2018)

This study examines the legal dynamics of corporate dissolution in Indonesia, focusing on the balance between legal mechanisms, public interest, and minority shareholder protection. The analysis centers on two landmark cases Supreme Court Decision No. 1618 K/Pdt/2016 and Constitutional Court Decision No. 63/PUU-XVI/2018 which reveal significant interpretations of corporate dissolution under Indonesian company law. Through a doctrinal and case-based approach, this research explores how the dissolution process serves as both a legal and economic instrument to safeguard fairness and maintain corporate accountability. The study highlights that while the Company Law (Law No. 40 of 2007) establishes dissolution as a final legal remedy, its implementation often intersects with broader issues of justice, such as minority rights, fiduciary duties of directors, and the role of state oversight in protecting public interest. The Supreme Court case demonstrates the judiciary’s restrictive stance on dissolution requests that may harm economic stability, whereas the Constitutional Court emphasizes constitutional guarantees of equality and legal certainty for shareholders. The findings suggest that the legal framework for corporate dissolution in Indonesia needs clearer procedural standards and stronger safeguards for minority investors. Ultimately, the paper argues that balancing economic interests and justice principles is essential to ensure dissolution functions not as a punitive measure but as a fair resolution mechanism aligned with Indonesia’s constitutional and corporate governance values.