This study is motivated by the absence of limitations on the meaning of the phrase public interest in Article 146 paragraph (1) letter a of Law Number 40 of 2007 concerning Limited Liability ...Companies. Therefore, it leads to a blurring of norms. Furthermore, the objectives of this study are (1) to understand and analyze the authority of the Prosecutor's Office in submitting a request for dissolution of a Limited Liability Company to the District Court; and (2) to understand and analyze the limitations of the meaning of the phrase public interest as intended in Article 146 paragraph (1) letter a of Law Number 40 of 2007 concerning Limited Liability Companies based on Balikpapan District Court Decision Number 457/Pdt.P/2019/PN Bpp. This study was normative juridical research by using a statutory approach and a case approach. Legal materials were analyzed by using prescriptive analysis methods. The study shows that the authority of the Prosecutor's Office to dissolve a company is regulated in Article 146 paragraph (1) letter a UUPT where the Prosecutor's Office is given the authority in order to dissolve a company which is deemed to violate the public interest. However, the criteria for violations of the public interest are not explained. Therefore, there is no clear definition of the meaning of this public interest phrase. In addition, the provisions and meaning of public interest are now very flexible in accordance with relevant regulations. Keywords: Prosecutor’s Application, Limited Liability Company, Public Interest
When a debtor is unable to pay their debts and cannot pay them, they may file for bankruptcy. In order to avoid harming connected parties, companies that have been declared bankrupt in this instance ...must be dissolved and have their legal entity status changed. When a limited liability company is declared bankrupt, it does not instantly cease operations and dissolve; rather, it continues to exist legally. In some situations, the limited liability company stays in business, avoids bankruptcy, and is still able to conduct its operations. This research poses two questions: first, what happens to a Limited Liability Company that files for bankruptcy? Second, what obligations does a Limited Liability Company have when a subsidiary files for bankruptcy? Normative juridical research methodology was applied in this instance. Secondary data is research in law that is done by reading existing literature. According to the study's findings, a general meeting of shareholders must be held before liquidation can begin. This means that, in the event that an LLC is declared bankrupt, its ability to manage and control its assets is also terminated.
Objective: The objectives of this research are to study and analyze Act Number 40 of 2007 concerning Limited Liability Companies which does not regulate on the amount of funds for Corporate Social ...and Environmental Responsibility, and the concept of the regulation of Corporate Social and Environmental Responsibility in ius to be established. Method: This research applies normative legal research by using library research or secondary data consisting of primary, secondary, and tertiary legal resources. Results and conclusion: Results of the research show that of the regulation of Corporate Social and Environmental Responsibility (TJSLP) stipulated in Article 74 of Act Number 40 of 2007 concerning Limited Liability Companies is aimed at implementing sustainable economic development in order to improve the quality of life and environment useful for the company itself, local community, and community in general. Act Number 40 of 2007 does not explicitly regulate the amount of Corporate Social and Environmental Responsibility (TJSLP) which must be prepared by the company. The lawmaker only explicitly mentions that its implementation is performed by taking into account propriety and reasonableness. Implication: The People's Representative Council (DPR) needs to determine the amount of the Fund of Corporate Social and Environmental Responsibility (TJSLP), so there is legal certainty and it has binding power to every company to be borne with the obligation of Corporate Social and Environmental Responsibility (TJSLP). Currently, there is a vacuum of law because there is uncertainty on the amount of the Fund of Corporate Social and Environmental Responsibility (TJSLP). So it is deemed necessary to regulate Corporate Social and Environmental Responsibility (TJSLP)by the local government through Regional Regulation (Perda).
One of the elements that determine whether growth is successful or unsuccessful is how the business world is developing. The government has a responsibility to provide direction and guidance in the ...context of developing the business world and establishing an environment that is favorable to business and promotes economic growth. Protection extends to third parties connected to a limited liability company, such as debtors, creditors, and investors, as well as to legal topics related to the formation or dissolution of a limited liability company. The presence of this legal protection will affect legal certainty, which will eventually speed up the rotation of the national economy's wheels. As required by Article 33 of the Republic of Indonesia's 1945 Constitution, the nation's economy was to be realized by Law of the Republic of Indonesia Number 40 of 2007 concerning Limited Liability Businesses. The Legislation of the Republic of Indonesia Number 40 was in effect for 9 (nine) years. A number of flaws or gaps in the law governing limited liability companies were discovered in 2007 and must be promptly addressed through replacement to support changes in the global economy. The Law of the Republic of Indonesia Number 40 of 2007 governing limited liability companies needs to be replaced for a number of reasons, including to recognize private limited liability companies as legitimate legal entities and to address the findings of the Ease of Doing Business (EODB) survey. The foundation for a limited liability company's formation, the capital structure, and the presence of a board of commissioners are issues related to a limited liability company as a legal entity, and up until now, legal smuggling has frequently happened. The main and secondary data used in this legal study, which uses a normative juridical approach, are analyzed using quantitative analysis. The activity of creating a legal subject in the form of a legal entity in the form of a capital partnership established based on an agreement as stated in the deed of establishment of a limited liability company made through a notarial deed, as a vehicle for people to carry out business acts, is the conclusion of research on the nature of the establishment of a limited liability company in Article 7 paragraph (1) of Law Number 40 of 2007 concerning limited liability companies.
When a man and a woman who are both legal subjects are married, there are legal ramifications. Property rights are among the effects of marriage legally speaking. Articles 35 and 36 of Law Number One ...Year 1974 Concerning Marriage (henceforth referred to as UUP), which declare that assets in marriage are divided into two categories: personal assets or assets, and shared assets, provide an important point. Personal assets or inherited assets are any assets acquired by the husband or wife before to their marriage, including those obtained as gifts or inheritances. The husband and/or wife's assets acquired while they were married are regarded as joint assets. The husband or wife may act alone with regard to personal property, but they may not act jointly without the other's approval with regard to joint property. The results of this study indicate that a married couple's Limited Liability Company is legitimate as a legal entity since it complies with the requirement of Article 1 number 1 of the Law on Limited Liability Companies that it be created by at least 2 (two) people. This only holds true for the husband and wife's intrinsic assets (assets acquired before marriage, including inheritance, grants, and gifts), whereas joint assets (assets acquired after marriage, excluding inheritance, grants, and gifts) from the husband and wife can only be utilized to form a limited liability corporation if a marriage agreement has been formed.
The government has issued the Job Creation Law. In the Job Creation Law, micro and small businesses can establish a legal entity company. This company is called a sole proprietorship. The ...establishment of a sole proprietorship is still difficult to distinguish from establishing a limited liability company based on the Law of the Republic of Indonesia Number 40 of 2007. One thing that becomes the attention of stakeholders is the responsibility of sole proprietorships with limited liability. Stakeholders include creditors of financial institutions. This research uses a normative judicial method. This research object is aims to discuss the disadvantage of sole proprietorships compared to limited liability companies to creditors of financial institutions. The research result is find the differences between a sole proprietorship and a limited liability company. This research concludes that a sole proprietorship with limited liability is the same as that of a limited liability company to creditors of financial institutions. Shareholders are not responsible for ties to individual companies. The board of directors is not personally accountable for respective companies' obligations. A particular company is responsible for relations made on its behalf as a legal entity. Any responsibility includes a credit agreement between the company and a financial institution.
The procedure and internal functioning of a limited liability company in the conditions of the Slovak Republic seemed to be a long-settled question. However, the opposite is true. We were ...particularly interested in the question of how a de facto non-existent person can act and thereby have certain rights and obligations. As part of the study, we came across numerous jurisprudence, which completes our understanding of the term executive and also defines the framework of his actions. A very important issue is the definition of the relationship between the limited liability company and the manager. The reason is the fact that it is a business-legal relationship and therefore the protection provided to this relationship is lower compared to civil-law relationships or labor relations. In addition to the examination of a limited liability company and its manager, we focus primarily on a critical analysis of the commercial and labor law relationship between the manager and the limited liability company. To achieve our goal, we use several scientific methods designed for the study of law, such as analysis, synthesis, comparison, deduction, description. In conclusion we will critically evaluate the results of our investigation, we will compare the development of Slovak, European and Czech jurisprudence in the context of its influence on the investigated issue. At the same time, we answer the research question whether it is possible to perform the function of an executive on the basis of an employment contract.
Unlike national legislations, at the level of the European Union, more detailed regulation of limited liability companies is lacking. However, in the last twenty years, there has been a trend of ...facilitating the establishment and business conditions of this type of companies, as the most suitable form for conducting such a process. The author presents and analyzes development and implementation of the idea of mitigating the conditions for the establishment of limited liability companies, especially through the creation of its special form - a simplified limited liability company. It is stated that better results were achieved at the national level, but also that there were progress at the level of the European Union, especially in terms of creating possibility for full electronic registration. It turned out that all efforts in this area have led to an increase in the number of newly established limited liability companies and especially their subtype of simplified companies.
The Board of Directors, and the Board of Commissioners. The Board of Commissioners is one of the organs in a Limited Liability Company (PT) and has a very important role. The Board of Commissioners ...has the duty and authority to supervise in general or specifically in accordance with the articles of association and provide advice to the board of directors as stipulated in Article 108 paragraphs (1) and (2), as well as Article 117 paragraph (1) of Law no. 40 of 2007 concerning Limited Liability Companies. The focus that will be studied in this research is the participation of the board of commissioners in the operational management of a Limited Liability Company (PT). This research is a normative legal research, with a statute approach. The results of the study explain that based on the articles of association or the decision of the GMS, the board of commissioners can take actions to manage a Limited Liability Company under certain circumstances for a certain period of time. This provision authorizes the board of commissioners to manage a Limited Liability Company in the absence of a board of directors, among others when all members of the board of directors have a conflict of interest with the Limited Liability Company, or if all members of the board of directors are absent or temporarily dismissed.How to cite item: Retno, S. (2022). Keikutsertaan Dewan Komisaris Dalam Pengurusan Operasional Perseroan Terbatas. Jurnal Cakrawala Hukum, 13(1). doi:10.26905/idjch.v13i1.7693.
