Reformulation of The Regulations Regarding Changes In The Status of Individual Companies To Capital Partnership Companies With Legal Certainty
DOI:
https://doi.org/10.55173/yurisdiksi.v21i1.287Keywords:
Regulation, Change of Status of Sole Proprietorship, Capital Partnership CompanyAbstract
Indonesia's national economic recovery requires increased competitiveness of business actors, including through the development of regulations for establishing business entities. The Job Creation Law and Government Regulation No. 8 of 2021 introduced the concept of an Individual Limited Liability Company (PT) which allows the establishment of a PT by one person without a notarial deed, for micro and small business actors. However, the change in status of an Individual PT to a capital partnership PT must be carried out with a notarial deed, which creates legal uncertainty and challenges in implementing the regulation. In addition, the lack of socialization and education regarding the regulation of Individual PTs has resulted in low understanding among business actors. This study uses a normative legal method with a statutory, conceptual, and historical approach, as well as an analysis of grammatical and systematic interpretation of primary, secondary, and tertiary legal materials. Through interviews with notaries, this study examines the legal consequences of the deed of change of status of an Individual PT and provides recommendations to clarify future legal norms in changing the status of an individual company to a capital partnership. It is hoped that the research results can support the implementation of more effective individual PT regulations, provide legal certainty for business actors, and strengthen the contribution of MSMEs to national economic growth
References
Abbas, D. The Influence of Business Capital, Market Orientation, and Entrepreneurial Orientation on the Performance of SMEs in Makassar City. Minds Journal: Idea and Inspiration Management 5, no. 1 (2018).
Adjie, Habib. Indonesian Notary Law (Thematic Interpretation of Law No. 30 of 2004 Concerning the Position of Notary). Bandung: Refika Aditama, 2014.
———. Civil & Administrative Sanctions Against Notaries as Public Officials. Surabaya: PT Refika Aditama, 2007.
Adjie, Habib, and Sjaifurahman. Aspects of Notary Accountability in Making Deeds. Bandung: CV Mandar Maju, 2011.
Adichandra, Muhammad Boma. “Notary’s Authority Regarding the Establishment of Individual Limited Liability Companies Based on UUJN and PP Number 8 of 2021.” Jurnal Sains Student Research 2, no. 6: 5.
Badrulzaman, Mariam Darus. Various Business Laws. 2004.
Budiharjo, Miriam. Basics of Political Science. Jakarta: Gramedia Pustaka Utama, 1998.
Chatamarrasjid. Penetration of the Corporate Veil and Actual Issues of Corporate Law. Bandung: PT Citra Aditya Bakti, 2004.
Crabbe, VCRAC Legislative Drafting. London: Cavendish Publishing Limited, 1993.
Efendie Lotulung, Paulus. Collection of Papers on General Principles of Good Governance. Bandung: Citra Aditya Bakti, 1994.
Efensi, A'an, and Dyah Ochtorina Susanti. “The Meaning and Problems of Using the Terms 'And', 'Or', 'And/Or', 'Except', and 'Besides' in the Law.” Indonesian Legislation 7, no. 4 (2020): 399.
Gloria, M. “Bankruptcy of Individual Companies in the Job Creation Law.” Jurnal Panorama Hukum 6, no. 1 (2021): 24–31.
Hadjon, Philipus M. Introduction to Indonesian Administrative Law. Yogyakarta: Gadjah Mada University Press, 2005
Harahap, M. Yahya. Limited Liability Company Law. Jakarta: Sinar Grafika, 2009.
Hasanudin Hidayat, Maulana. “Separate Legal Entity and the Responsibilities of Directors in Company Management.” National Journal of Law 1, no. 1 (2019): 68.
Ibrahim, Johnny. Normative Legal Research Theory and Methods. Malang: Bayumedia, 2012.
Isnaeni, D. “The Role of Notaries in the Establishment of Micro and Small Enterprises.” Journal of Law and Notary 5, no. 2 (2021): 208.
Jaya, F. “Potential Conflict of Interest in the Establishment of Individual Legal Entities after the Revision of the Limited Liability Company Law in the Omnibus Law.” Kosmik Hukum 21, no. 2 (2021): 115–123.
Kansil, Cst., Christine ST Kansil, Engelien R. Palandeng, and Godlieb N. Mamahit. Dictionary of Legal Terms. Jakarta: Alumni, 2009.
Kelsen, Hans. General Theory of Law and State. Translated by Anders Wedberg. New York: Russell & Russell, 1961.
Ramli, H., and Supriyanto. The Concept of Legal Entity in Indonesian Law. Yogyakarta: Gadjah Mada University Press, 2018.
Reynaldi, Fajar Rafiqi. “The Authority of Notaries in the Establishment of Individual Companies Based on Law Number 11 of 2020 concerning Job Creation.” Jurnal Officium Notarium 1, no. 2 (August 2021): 357.
Riantoputra, Ignatius. Notary: Responsibilities and Professional Ethics. Yogyakarta: Deepublish, 2020.
Robbins, Ira P. “'And/Or' and the Proper Use of Legal Language.” Maryland Law Review 77, no. 2: 131.
Corporate Law. Padang: CV Gita Lentera, 2023.
Sadijono. Understanding Several Basic Chapters of Administrative Law. Yogyakarta: Laksbang Pressindo, 2008.
Sahidu, Imran, and Syamsul Hadi. Legal Protection for Micro, Small and Medium Enterprises. Makassar: Cendikia, 2015.
Salim, HS Development of Theory in Legal Science. Jakarta: Rajawali Press, 2nd edition, 2012.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Natasha Graciela Hastika, Djumikasih, Fathul Laila

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.