Lawless Quick Steps To Get Rid Of Gofar Hilman: Can Share Owners Be Fired Easily?

Gofar Hilman and some of the founders of Lawless (Source: Instagram/gofar)

JAKARTA - Within hours of radio announcer Gofar Hilman responding to allegations of sexual harassment, the Lawless company swiftly kicked him out of the ranks. Praise poured in. But the move was not without criticism. The reason is, if it is true that Gofar, who is known as one of the founders of the company, must have a stake there. And from a legal perspective, removing a capitalist from a company is not as easy as firing an ordinary employee.

At 12.48 in the morning yesterday, Gofar responded to allegations of a woman who owns the Twitter account @quweenjojo who claimed to be a victim of sexual harassment. Gofar admitted that he still remembers the event, but he denies having committed immoral acts.

Gofar said he was ready to resolve the issues linked to him through legal channels. However, the statement actually sparked comments. Warganet then became associated with the Lawless business sector which was closely related to Gofar. Lawless is a business engaged in the automotive sector, tattoo studio, music studio, clothing and accessories.

"Law? Said lawlessss," wrote one Twitter account user. "Sekuuuuut lower the price of Lawlesss," wrote another user.

Allegations of this abuse have a long tail. After a few hours, PT Lawless Jakarta finally took action to "eject" Gofar Hilman. The statement was conveyed by Lawless Jakarta through an upload on Instagram, last Wednesday.

"We know and are monitoring the issues that are circulating regarding the name Gofar Hilman. We from Lawless Jakarta stand with the victim. From today we declare that Gofar Hilman is no longer part of Lawless Jakarta," the announcement was quoted from the IG account @lawless_jkt.

Gofar Hilman is known as one of the founders of PT Lawless Jakarta. As quoted by Kumparan, in addition to Gofar, there are the names of Ucup, Roni, Arian and Sammy Seringai who are mentioned as other founders of Lawless Jakarta.

It's not as easy as firing an employee

Because Lawless Jakarta is a Limited Liability Company, Gofar Hilman's dismissal has attracted a new audience. If Gofar Hilman is the founder of Lawless Jakarta, then he is indirectly associated with shareholders. Can Gofar be immediately dismissed from his position?

VOI interviewed Business Law researcher M. Faiz Aziz to get further explanation about the dismissal of a founder from PT. Faiz Aziz explained, expelling or firing someone in the context of a shareholder is different from an employee. There are a series of processes that need to be passed and regulated in Law 40/2017 concerning Limited Liability Companies.

Faiz Aziz further said that announcements on social media did not necessarily state that someone had left the company legally.

"If you see the news, if it is issued it is up to the colleagues concerned, but it is not legally possible to get out, especially if he has shares there," said M. Faiz Aziz.

Gofar Hilman and some of the founders of Lawless (Source: Instagram/gofar)

Mechanism of releasing shares

If it is true that Gofar is the founder of Lawless Jakarta, then there must be a release of share ownership purchased by other shareholders depending on the company's articles of association.

"How is the transfer of shares regulated in the articles of association, whether they are offered to shareholders, directors or approval from the Board/Commissioners," said Faiz Aziz, who is in the Center for the Study of Indonesian Policy Law (PSHK).

In addition, the share price must also be fairly reasonable. If the shareholder feels aggrieved, he can sue the court. This provision is regulated in Article 61 and Article 62 of Law 40/2017 concerning Limited Liability Companies.

Article 61 paragraph (1) states that, "Every shareholder has the right to file a lawsuit against the Company to the district court if he is harmed by the Company's actions which are considered unfair and without reasonable reason as a result of the decisions of the GMS, the Board of Directors and/or the Board of Commissioners."

Then Article 62 paragraph (1) reads, "Every shareholder has the right to request the Company that its shares be purchased at a reasonable price if the person concerned does not approve of the Company's actions that harm the shareholders or the Company, in the form of:

a. amendments to the articles of association;

b. transfer or guarantee of the Company's assets that have a value of more than 50% (fifty percent) of the Company's net assets; or

c. merger, consolidation, acquisition, or separation."

Considering that the founders of Lawless Jakarta are closest colleagues and know each other, Faiz Aziz said that family communication is the main thing, including resolving Gofar's share ownership rights. VOI tried to confirm Gofar Hilman's role and position in Lawless to one of the founders of Lawless Jakarta, Arian Seringai via WhatsApp messages and phone calls, but until this news was published, VOI had not received a reply.

*Read other information about SEXUAL HARASSMENT or read other interesting articles from Ramdan Febrian.

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