Kedudukan Persyaratan Permodalan Bagi Usaha Mikro Dan Kecil Sebagai Badan Hukum

As a separate legal organization, a limited liability company (PT) is subject to the same rules and regulations as any other person or business, including the authority to make and execute contracts, form relationships, have property rights and responsibilities, and even be named as a defendant or plaintiff in lawsuit. To ensure that the PT can be held accountable to other parties, it is important to confirm when the Limited Liability Company has the status of a legal organization. In the case of businesses owned by individuals or sole proprietorships, the liability is the same as for any person: third parties can hold any personal or other assets liable for debts or liabilities incurred by the firm. In theory, all of the debtor's assets, whether movable or immovable, current or future, serve as collateral for all of his obligations, as stated in the requirements of the general guarantee law, Articles 1131 and 1132 of the Civil Code. This research aims to examine the criteria for limiting an individual limited company as well as the capital requirements and procedures for establishing an individual limited company and the legal consequences if an individual limited company no longer meets the requirements as an individual limited company based on the job creation law. Through a normative juridical approach, this research examines the applicable legal provisions and regulations. Based on the research results, there are still doubts regarding the suitability of a person to establish a limited liability company based on the provisions of Government Regulation Number 8 of 2021 concerning Individual Companies. Notaries and law enforcement officials may come to different conclusions because of this ambiguity, which can lead to legal ambiguity.

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Publication Details

Journal
Widya Yuridika
Published
2025-09-04
DOI
https://doi.org/10.31328/wy.v8i2.6469
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

Kedudukan Persyaratan Permodalan Bagi Usaha Mikro Dan Kecil Sebagai Badan Hukum

Dio Furniady, Rusdianto Sesung
Widya Yuridika
Legal Studies and Policies
article

Kedudukan Persyaratan Permodalan Bagi Usaha Mikro Dan Kecil Sebagai Badan Hukum

Dio Furniady, Rusdianto Sesung
article en

Abstract

As a separate legal organization, a limited liability company (PT) is subject to the same rules and regulations as any other person or business, including the authority to make and execute contracts, form relationships, have property rights and responsibilities, and even be named as a defendant or plaintiff in lawsuit. To ensure that the PT can be held accountable to other parties, it is important to confirm when the Limited Liability Company has the status of a legal organization. In the case of businesses owned by individuals or sole proprietorships, the liability is the same as for any person: third parties can hold any personal or other assets liable for debts or liabilities incurred by the firm. In theory, all of the debtor's assets, whether movable or immovable, current or future, serve as collateral for all of his obligations, as stated in the requirements of the general guarantee law, Articles 1131 and 1132 of the Civil Code. This research aims to examine the criteria for limiting an individual limited company as well as the capital requirements and procedures for establishing an individual limited company and the legal consequences if an individual limited company no longer meets the requirements as an individual limited company based on the job creation law. Through a normative juridical approach, this research examines the applicable legal provisions and regulations. Based on the research results, there are still doubts regarding the suitability of a person to establish a limited liability company based on the provisions of Government Regulation Number 8 of 2021 concerning Individual Companies. Notaries and law enforcement officials may come to different conclusions because of this ambiguity, which can lead to legal ambiguity.

Widya YuridikaVol. 8(2)
Universitas Narotama (ID)
Openalex Percentile: Top 63%
Legal Studies and Policies
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