Peran Notaris Dalam Hal Perolehan Pengakuan Badan Hukum Perseroan Terbatas Melalui Sistem Administrasi Badan Hukum (SABH)

In the era of globalization, many entrepreneurs developing their businesses by creating companies. But in the case, only Limited Liability companies can obtain a legal status. Limited Liability Company is regulated in UU Nomor 40 Tahun 2007. The issue that will be discussed is how the role of the notary public in obtaining the status of a legal entity PT which was approved by SABH and the problems that have been faced by a notary in terms of obtaining the status of the legal entity. This research used empirical research, by using fact approach and law approach. With that research method, it was found that the role of the notary in obtaining the status of a legal entity PT in SABH access is, the Notary log in or enters into the SABH system through a SABH account owned by a Notary; Access a copy of the limited company deed by entering the company data requested by the system to the SABH table; Entering the business fields that have been included in the current deed, the business fields must be the same and consistent with the 2017 Indonesian Business Field Standard Classification (KBLI), this is related to the next stage in the management of company business licenses; After everything is already inputted will publish a Decree of the Minister of Law and Human Rights of the Republic of Indonesia regarding the legalization of the of a Limited Liability Company.

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THE LEGAL ENTITY OF BAITUL MAAL WAT TAMWIL (BMT) AS A MICRO FINANCIAL INSTITUTION IN INDONESIA

Trunojoyo Law Review ◽

10.21107/tlr.v2i2.9502 ◽

2020 ◽

Vol 2 (2) ◽

pp. 140-150

Author(s):

Moh Syaifur Rijal

Keyword(s):

Legal Status ◽

Financial Institution ◽

Limited Liability ◽

Limited Liability Company ◽

Conceptual Approach ◽

Legal Entity ◽

Non Profit ◽

The Status

The purpose of this study is to analyze the legal status and accountability of Baitul Maal Wat Tamwil (BMT) as a financial institution in Indonesia, because so far BMT has two main functions, the first, Baitul Maal as a non-profit institution that distributes zakat, infaq and alms, and the second, Baitul Tamwil is an institution whose function is to collect and to distribute commercial funds. This research uses normative research using a statutory approach and a conceptual approach. The results of this study indicate that the legal status of BMTs so far can only be established with the status of a cooperative or limited liability company. It refers to the characteristics possessed by BMT itself. The form of BMT accountability follows the form of liability that exists in the form of a BMT legal entity, if the loss is caused by the management or organs, the management or organs are jointly and severally responsible, but otherwise if the management or organs can prove then the management or organs are not jointly responsible for the losses incurred by BMT.

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Notary Role In The Process Of Establishment Limited Liability Company (PT)

Jurnal Akta ◽

10.30659/akta.v6i3.5016 ◽

2019 ◽

Vol 6 (3) ◽

pp. 477

Author(s):

Iqbal Rino Akta Pratama ◽

Anis Mashdurohatun

Keyword(s):

Limited Liability ◽

Limited Liability Company ◽

Public Officials ◽

Positive Law ◽

Company Limited ◽

Notary Public ◽

The Republic ◽

Process Solutions ◽

Unwritten Law

The purpose of this study were 1) To determine the role of the notary in the process of setting up a Limited Liability Company (PT), 2) To determine whether the obstacles faced by the notary in the process of setting up a Limited Liability Company (PT) and the solution.The method used in this research is empirical juridical approach, juridical (legal viewed as the norm or das sollen), because in discussing the problem of research using legal materials (both the written law and the unwritten law or good legal materials primary or secondary law). Specifications research used in this research is descriptive, as explained, describe or disclose the legislation in force associated with the theories of law and positive law enforcement practice concerning these issues.Based on the results of this study concluded that 1) According to the Minister of Justice of the Republic of Indonesia No. M.01-PR.08.01 1996 on Procedures for Submission of Application and Approval of Deed of Establishment of the Limited Liability Company, that pengesahaan establishment of PT may be made by the founders together or proxies , can also by a notary, so there is no necessity notaries as public officials who approve their establishment of limited liability companies, but these roles can be carried out by the founder of the company. 2) Barriers faced delay problems often arise.For the notary, will make the process inefficient. Probes for the ongoing process difficult because of the lack of an online system that can monitor the manufacturing process. Solutions to overcome the obstacles faced by the notary in the legalization of the establishment Company Limited is a Limited Liability Company in the legalization of the establishment can be overcome with the Legal Entity Administration System electronically, as a matter of time and efficiency in monitoring the rights to this process.Keywords: Role; Notary Public; Limited Liability Company (PT)

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The Linkage of the Board of Directors and the Status of Aviation Industry Licensing Law

JURNAL MANAJEMEN TRANSPORTASI DAN LOGISTIK ◽

10.25292/j.mtl.v3i1.138 ◽

2017 ◽

Vol 3 (1) ◽

pp. 1

Author(s):

LESTARI NINGRUM

Keyword(s):

Legal Status ◽

Limited Liability ◽

Third Party ◽

Aviation Industry ◽

Limited Liability Company ◽

Basic Capital ◽

The Status ◽

Business Entities ◽

Capital Intensive ◽

Made In

Aviation business is a capital intensive and high risk in terms of safety. Legislation in force in Indonesia requires enterprises should cost in the form of a limited liability company that is obliged to deposit the basic capital of 500 billion rupiah. The capital cannot be made in working capital which is useful for the collateral to a third party. The regulations for a limited liability company are to be established by at least 2 people. The purpose of this research is to analyze the linkage of the board directors and the status of aviation industry licensing law. The position of the legal status of business entities where shareholder is only one person is to be studied in this descriptive study. The result shows that the airlines company should provide the capital risk and high insurance of the third party. UUPT also has given the authority of the shareholders (who owns 20 % of the share) to be decision makers in the company. However, without independent surveillance, it is possible that the shareholders do some mistakes in making decisions. Some mistakes are related to the policy, the using of authorized capital, and others. Aviation business is a capital intensive and high risk in terms of safety. Legislation in force in Indonesia requires enterprises should cost in the form of a limited liability company that is obliged to deposit the basic capital of 500 billion rupiah. The capital cannot be made in working capital which is useful for the collateral to a third party. The regulations for a limited liability company are to be established by at least 2 people. The position of the legal status of business entities where shareholder is only one person is to be studied in this descriptive study.

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Notary Responsibility to the Delay in Registration of Limited Liability Companies in Legal Entity Administration System (SABH) Ministry of Law and Human Rights In Accordance with Law Number 40 year 2007 concerning Limited Liability Companies

Jurnal Akta ◽

10.30659/akta.v5i3.3250 ◽

2018 ◽

Vol 5 (3) ◽

pp. 729

Author(s):

Meta Budiani ◽

Amin Purnawan

Keyword(s):

Human Rights ◽

Data Analysis ◽

Limited Liability ◽

Limited Liability Company ◽

Analysis Method ◽

System Delay ◽

Legal Entity ◽

Administration System ◽

Limited Company ◽

Analytical Research

Limited Liability Company is an alliance of several people to conduct a business whose capital comes from shares owned by the members. Limited Liability Company in the current era is very much needed as the economic development. The method used was an empirical juridical method with descriptive analytical research specifications, while the data analysis method used was qualitative analysis. Based on the results of the research and discussion, it can be concluded that the delay in the registration of the establishment of a Limited Liability Company in the Legal Entity Administration System (SABH) of the Ministry of Law and Human Rights can be overcome by using the Confirmation deed on the previous deed of establishment. The delay in the registration of the establishment of a Limited Liability Company may be due to the delay in the process of making the Company's NPWP by its own Limited Company, or for other reasons which result in the date of registration cannot be registered with SABH and the previously purchased voucher has expired. Regarding the use of the affirmation deed, because of the previous deed of establishment had become an official and included in the notary protocol, the existence cannot be withdrawn. To avoid delays in registration, the notary should conduct socialization to clients who will carry out the process of establishing a Limited Liability Company.Keywords: Limited Liability Company; Legal Entity Administration System; Delay

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The Role of the Sole Executive Body in the Activities of the Corporation

Legal Concept ◽

10.15688/lc.jvolsu.2020.3.12 ◽

2020 ◽

pp. 91-96

Author(s):

Sergey Mudritsky

Keyword(s):

Complex System ◽

Corporate Governance ◽

Legal Status ◽

Legal Entity ◽

Scientific Methods ◽

The Status ◽

Legal Position ◽

Historical Comparative ◽

Executive Body

Introduction: consideration of the role of the sole Executive body in the activities of the Corporation is of particular importance in modern conditions of development of corporate relations, since the sole Executive body occupies a dominant place in the system of corporate governance bodies. A Corporation can transfer the functions of a sole Executive body not only to an individual or legal entity, but also to an individual with the status of an individual entrepreneur, since the corresponding prohibition is not contained in the norms of civil legislation. In the event of damage to the Corporation, the sole Executive body may be brought to civil liability. in this regard, the authors set the goal of studying the legal status of the sole Executive body, its rights, duties and responsibilities. Methods: when writing this research, various scientific methods were used, from which we can distinguish historical, comparative legal, formal legal methods, and complex system-structural analysis. Results: the legal position of the sole executive body of the legal entity was studied taking into account recent changes in civil legislation. The author’s position on the possibility for an individual entrepreneur to function as an executive body of a legal entity has been substantiated. Conclusions: the study noted imperfection of the legislation regulating the legal status of sole Executive body and the necessity of making a number of changes and additions in normative legal acts.

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Roles and Responsibilities of Notary Under Transformation Business Institution from Commanditaire Vennootschap (CV) Become a Legal Entity Limited Liability Company (PT) (Study in Mataram City)

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v8i7.2935 ◽

2021 ◽

Vol 8 (7) ◽

pp. 636

Author(s):

Anita Fauziah ◽

Muhammad Sood ◽

Lalu Wira Pria Suhartana

Keyword(s):

Limited Liability ◽

Limited Liability Company ◽

Process Change ◽

Conceptual Approach ◽

Legal Entity ◽

Roles And Responsibilities ◽

Sociological Approach ◽

The Board Of Directors ◽

Legal Consequences

This study aims to analyze the roles and responsibilities of a notary in the change of a CV business entity to a PT legal entity and the legal consequences of changing the CV business entity to a PT. This research is focused on Normative-Empirical research, using a statutory approach, a conceptual approach and a sociological approach. The results of this study, the role of the notary in changing the CV business entity to become a PT legal entity is to settle debt which is then used as a reference to determine the initial capital in PT. Make an announcement in the newspaper that the CV will be upgraded to a PT, the Notary submits an application to obtain a Ministerial decision regarding the legalization of a legal entity electronically and the Notary's responsibility in changing the CV business entity to a PT legal entity can be classified on the responsibility based on errors because the Notary is responsible for the process change from start to finish. Legal consequences that occur with changes. First, the change in status from a CV to a legal entity of PT. Second, the minimum paid-up capital. Third, unlimited responsibility. Fourth, if the CV in charge of managing the company and is personally responsible is a complementary partner. In the PT GMS, the Board of Directors and the Board of Commissioners. Fifth, related to ongoing engagements must still be completed by CV or PT and no transfer of engagement is carried out.

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Notary Role in The Establishment of Foreign Investment Limited Company Based on The Act No. 25 Of 2007 on Investment in Semarang

Jurnal Akta ◽

10.30659/akta.v5i4.3939 ◽

2018 ◽

Vol 5 (4) ◽

pp. 965

Author(s):

Noor Rachmawati ◽

Lathifah Hanim

Keyword(s):

Foreign Investment ◽

Joint Venture ◽

Limited Liability ◽

Field Research ◽

Library Research ◽

Limited Company ◽

The Republic ◽

The Government

Research on the role of the notary in the establishment of a Foreign Investment Limited Company (PMA) in Semarang aims to determine the role of a notary in the establishment PT.PMA. The research method is normative with library research and regulatory legislation in the field of investment include field research. This study uses a technique of direct communication with the tool in the form of interview guidelines. Interviews are used is free unstructured but questions that do not come out of the subject matter. Based on the results of the study concluded that the role of the notary in the establishment of PT. PMA is based on Act No. 25 of 2007 on Investment in Semarang are procedures that should be implemented is the submission of PMA addressed to the Investment Coordinating Board (BKPM), with regard to this case, the task of the notary help the government provide legal counseling for the parties to the establishment, make Joint Venture Agreement in accordance with applicable legislation and in charge of manufacture of a limited liability company's certificate of incorporation approved by the Minister of Justice and Human Rights of the Republic of Indonesia. In the event of an error PT.PMA establishment, the notary is responsible for the deed change, but the responsibility of the notary in the case of the fraud perpetrated by the founder of the company who act in bad faith, then it becomes the responsibility of the founders of the company. Constraints faced by thebusiness licensing constraints, constraints business domicile, the determination of business areas, administrative requirements and constraints lack of capital to start build a company.Keywords: Role of the Notary; Foreign Investment; Limited Company.

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Improved Mechanisms Commanditaire Vennootschap (CV) Become A Legal Entity Limited Liability Company (PT)

Jurnal Akta ◽

10.30659/akta.v5i4.3714 ◽

2018 ◽

Vol 5 (4) ◽

pp. 837

Author(s):

Yayah Wariah ◽

Amin Purnawan

Keyword(s):

Legal Status ◽

Private Property ◽

Descriptive Analysis ◽

Limited Liability ◽

Analysis Data ◽

Company Law ◽

Primary Data ◽

Limited Liability Company ◽

Legal Entity ◽

Limited Partnership

Principal difference between a limited partnership or known as CV (Commanditaire Vennootschap) with limited liability company (PT) contained in the legal status, because the CV is a partnership that is not incorporated and responsibilities of the board ally itself to a private property. While the Limited Liability Company (PT) is a legal entity liability company and limited responsibilities.The purpose of this study is to investigate and find out the mechanism of change Guild (CV) Become a Legal Entity Limited Liability Company (PT). To investigate and determine Responsibilities of complementary Allies Against Limited Liability Company (PT) established. The method used is normative, descriptive analysis, data collection is done by using primary data and secondary data in the form of primary legal materials, secondary and tertiary as the main data. After the secondary and primary data collected, then conducted a qualitative analysis. Based on the analysis concluded that the mechanism of the change in form of a CV to PT generally refers to the provisions regulating the CV and the provisions governing PT. Responsibility in complementary ally if the legal actions referred to in Article 12 and Article 13 of the Company Law, then the shift right and duty of the complementary allies into the company and legal actions undertaken by the complementary binding partner company.Keywords: Business Entity; Limited Partnership; Limited Liability Company

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General And Limited Partnerships: Features Of Legal Regulation In Ukraine And European States

Actual problems of improving of current legislation of Ukraine ◽

10.15330/apiclu.55.130-142 ◽

2021 ◽

pp. 130-142

Author(s):

V.V. Anatiichuk

Keyword(s):

Legal Status ◽

Limited Liability ◽

Legal Regulation ◽

Entrepreneurial Activity ◽

Legal Entity ◽

Joint Activities ◽

The Status ◽

Legal Forms ◽

Limited Partnerships ◽

Legal Entities

The article focuses on one of the corporate forms of entrepreneurial activity - general and limited partnerships. Limited liability companies and joint stock companies are among the most popular legal forms of companies. However, the development of Ukrainian legislation moves in the direction of creating a system of different forms of entrepreneurship, which are aimed at different needs and interests of their founders. Such forms of entrepreneurship exist and operate successfully in Europe. Carrying out a comparative analysis in the article allows the author to confirm the existing thesis that there is no single vector in European countries concerning the legal status of these partnerships. Some states define these partnerships as legal entities, others - as a form of joint business activity. It is emphasized in the article that the European legal space is characterized by the use of the concept of defective legal entity. The author perceives any of these European approaches, but points to the need for its consistent reflection in all legal acts that determine the status of general and limited partnerships. The article supports the assertion formed in the scientific literature about the criticism of domestic legislation on general and limited partnerships. Such criticism concerns to those norms of Ukrainian legislation, which use untypical provisions for legal entities. All existing researches are directed to one aim - to develop a single vector in the regulation of general and limited partnerships. They should be regulated either as legal entities or as forms of joint activity on the basis of an agreement. The author states that the main attention in granting general and limited partnerships the status of a legal entity should be focused on clear boundaries between the liability of a legal entity and the subsidiary liability of its members. The article supports leading scholars’ critical assessment of the legislative definition of general partnerships as an association of persons for joint business activities. Based on the analysis of the definitions of a general partnership in EU law (for example, France), it is proposed to define a general partnership as an association of persons engaged in business activities through joint contributions of all participants (full partners) and their subsidiary liability for the company’s obligations. This wording indicates that the partnership itself carries out business activities, and not its members. The author also does not deny the possibility of introducing general and limited partnerships as associations of persons on the basis of an agreement on joint activities. At the same time, it is noted that all norms of national legislation should consistently adhere to such concept.

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The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

Southern African Public Law ◽

10.25159/2522-6800/2952 ◽

2018 ◽

Vol 33 (2) ◽

Author(s):

Mbuzeni Mathenjwa

Keyword(s):

South Africa ◽

Local Government ◽

Legal Status ◽

Case Law ◽

The Status ◽

History Of ◽

The Republic ◽

First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

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