International Journal of Social Science And Human Research ISSN(print): 2644-0679, ISSN(online): 2644-0695 Volume 06 Issue 01 January 2023 DOI: 10.47191/ijsshr/v6-i1-17, Impact factor- 5.871 Page No: 123-127 IJSSHR, Volume 06 Issue 01 January 2023 www.ijsshr.in Page 123 Shareholders as Directors and Aspects of Fairness for Stakeholders Gustav 1 , Oktavery Parasian Siahaan 2 , Rodhi Agung Saputra 3 , M. Rivaldi 4 , Alvino Novarisky 5 1,2,3,4,5 Law Faculty University of Lampung, Bandar Lampung, Indonesia ABSTRACT: A company is an organization that is set to maximize profit with the smallest expenses, this purpose still embedded in the mindset of every entrepreneur. The Board of Directors, who are also majority and minority shareholders, are concurrent positions that often occur in the practice of a company, by regulation this is not regulated in existing positive laws in various countries. This article is expected to contribute to the development of regulations that specifically regulate the position of the Board of Directors and Shareholders. Because it affects fairness for other stakeholders, the author intends to discuss in this article to find a link between the Board of Directors who are also Shareholders in running the company and aspects of fairness for other stakeholders. The purpose of writing this article is to examine the position of the Board of Directors who is also as Shareholders in fairness theory, while the orientation of this analysis is in the form of theoretical and comparative approaches. The need for intervention from regulators, legislators to make adjustments to the provisions in order to ensure fairness for all stakeholders is realized and distributed. KEYWORDS: Corporate; Justice; Directors; Shareholders, Stakeholders I. INTRODUCTION The company in this case is a limited liability company, is a legal entity that is formed by capital partnership, established under agreement, carries out business activities with authorized capital that is entirely divided into shares, and meets the requirements established by laws and implementing regulations, is owned by 2 (two) or more people, and in its development traditionally the shareholders enjoy the profit of the company, The company is regulated, directed as an organization with the aim of providing profits to shareholders.Since the 1970s, there has been a broader discourse on how companies benefit social prosperity through the value of profit-making goals that have been replaced by Anglo American legal theory and economic theories that understand the main purpose of companies is to provide the greatest benefit to shareholders. There is a social norm about the primacy of shareholders that dominates the theory and practice of modern capitalism. Concentrating on optimizing the return on profits for shareholders is stated as rational, efficient, and a way to achieve social good more broadly.[1] In the 1980s financial institutions became investors who maximized profits as their main goal. It increases the attention of investors who are well informed of the company to investors who pressure the board of directors to get a high return on the company's tangible assets, makes the company's orientation on the search for maximum profit in the short term, by cutting production costs, outsourcing, efficiency, all done to meet the expectations of revenue from the market. In today's era that financializes intensely the return on capital that exceeds economic growth in business activities in a country, business owners and employers, senior executives, make up the richest population of 1% accumulating their total wealth, while the percentage of the population with a lower class, as well as a middle class that stagnates or even falls into a lower class, becomes an economic inequality, The "giant companies" that dominate the market by winning the business competition have grown and reaped profits for their victories, can be attributed to a greater decline in the share of the workforce. In the United States, The United Kingdom, and France, in order to carry out obligations on social and environmental matters are left to the director. In particular, the 2006 Companies Act in the UK section 172 provides that administrators are obliged to the success of the company and the benefit of its members to take into account the impact of its decisions on the interests of workers and other parties. This provision follows a wave of constituent laws in different American states that allow or require, depending on the case, the directors of companies to consider the interests of different stakeholders. The lack of social responsibility and the lack of democracy of a company in implementing good corporate governance can dramatically hinder potential functions that are open to some people (who are usually employees of the company) who generate unfair profits to others (usually owners of capital). It is the idea of equal participation in employment agreements that provide rules for productive activities and then makes society work together for mutual benefit, and especially with the idea of democratic equality in the economic sphere.