Problematics of Individual Company as Legal Entity in Terms of Indonesian Omnibus Law on Job Creation Law

The introduction of Individual Companies, which can be established by a single individual, aims to streamline company management and legal recognition while enhancing Indonesia's investment climate. This study seeks to address two critical questions: How is the concept of an individual legal entity regulated under the Job Creation Law? And what is the legal position of the General Meeting of Shareholders (GMS) in a sole proprietorship that constitutes an individual legal entity? Employing a normative or doctrinal legal research approach with a regulatory focus, this study revealed that the concept of an Individual Company aligned with institutional theory. Both agreement and institutional theories were applied in managing such companies. The study further highlighted that GMS decisions in an Individual Company were executed as shareholder resolutions, which carried the same legal weight as GMS decisions in traditional companies, while the role of commissioners was effectively eliminated.

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Publication Details

Journal
Jurnal Penegakan Hukum dan Keadilan
Published
2025-03-22
DOI
https://doi.org/10.18196/jphk.v6i1.24181
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Problematics of Individual Company as Legal Entity in Terms of Indonesian Omnibus Law on Job Creation Law

Dwi Ratna Indri Hapsari, Andistya Pratama, Rahmi Fuji Astuti Harahap
Jurnal Penegakan Hukum dan Keadilan
Indonesian Legal and Regulatory Studies
article

Problematics of Individual Company as Legal Entity in Terms of Indonesian Omnibus Law on Job Creation Law

Dwi Ratna Indri Hapsari, Andistya Pratama, Rahmi Fuji Astuti Harahap
article en

Abstract

The introduction of Individual Companies, which can be established by a single individual, aims to streamline company management and legal recognition while enhancing Indonesia's investment climate. This study seeks to address two critical questions: How is the concept of an individual legal entity regulated under the Job Creation Law? And what is the legal position of the General Meeting of Shareholders (GMS) in a sole proprietorship that constitutes an individual legal entity? Employing a normative or doctrinal legal research approach with a regulatory focus, this study revealed that the concept of an Individual Company aligned with institutional theory. Both agreement and institutional theories were applied in managing such companies. The study further highlighted that GMS decisions in an Individual Company were executed as shareholder resolutions, which carried the same legal weight as GMS decisions in traditional companies, while the role of commissioners was effectively eliminated.

Jurnal Penegakan Hukum dan KeadilanVol. 6(1)
University of Indonesia (ID), Universitas Muhammadiyah Malang (ID), The University of Tokyo (JP)
Openalex Percentile: Top 94%
Indonesian Legal and Regulatory Studies
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