I Made Semara Reta Adnyana

2017210001

Chapter 3 Essay

Based on Article 87 of Law Number 40 of 2007, the resolution of the GMS is

made based on deliberation to reach a consensus. However, if not achieved, then the
decision is valid if more than ½ of the total votes cast are approved, unless the law and
or articles of association determine otherwise. The provisions in Articles 86 and 87 are
general quorum provisions, however in certain cases special provisions apply as in
Article 88.

In Article 88, a GMS to amend the articles of association can be held if at the
meeting at least 2/3 of the total shares with voting rights are present or represented in
the GMS and the decision is valid if it is approved at least 2/3 of the total. the votes cast,
unless the articles of association determine the quorum of attendance and / or
provisions concerning the decision making of a larger GMS. In the event that the
quorum attendance is not achieved, a second GMS may be held. This second GMS is valid
and entitled to make decisions if at the meeting at least 3/5 of the total shares with
voting rights are present or represented in the GMS and the decision is valid if it is
approved that at least 2/3 of the number of votes cast determine the quorum of
attendance and / or provisions regarding decision makers of a larger GMS.

Meanwhile, based on Article 89, the GMS to approve the merger, takeover, or
separation, submission of an application for the PT to be declared bankrupt, an
extension of the term of its establishment, and the dissolution of the PT can be held if at
the meeting at least ¾ part of the total number of shares with voting rights is present or
represented GMS and decisions are valid if they are approved by at least ¾ of the
number of votes cast, unless the articles of association determine otherwise and / or the
provisions concerning the requirements for making a GMS decision are greater.

In my opinion regarding whether to meet the quorum of the GMS, the quorum of
the GMS is at the highest ¾ to approve the merger, acquisition or separation, etc. as
stipulated in Article 89 paragraph (1) of the Company Law. Looking at the quorum (¾
equivalent to 75% of the issued and paid-up shares in a company), this person, together
with the powers granted to him, can fulfill the quorum of the GMS.