KESEPAKATAN PARA PENDIRI SEBAGAI DASAR PENENTUAN BESARAN MODAL DASAR PERSEROAN TERBATAS (Analisis Sinkronisasi Aturan Antara Pasal 1 Ayat (3) Peraturan Pemerintah Nomor 29 Tahun 2016 tentang Perubahan Modal Dasar Perseroan Terbatas dengan Pasal 32 Ayat (1) Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas)

KOSASI, MUHAMMAD and Syaifuddin, Muhammad and Muntaqo, Firman (2019) KESEPAKATAN PARA PENDIRI SEBAGAI DASAR PENENTUAN BESARAN MODAL DASAR PERSEROAN TERBATAS (Analisis Sinkronisasi Aturan Antara Pasal 1 Ayat (3) Peraturan Pemerintah Nomor 29 Tahun 2016 tentang Perubahan Modal Dasar Perseroan Terbatas dengan Pasal 32 Ayat (1) Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas). Master thesis, Sriwijaya University.

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Abstract

Limited Liability Company is one of the forms of business entity that can help people income through work relations created. Under the prevailing regulations in Indonesia, Limited Liability Companies are regulated through several regulations from 1995 to 2007. In the last few years, the establishment of a Limited Liability Company based on Law Number 40 of 2007 has a substance that is difficult to implement and makes it difficult for the business world especially for beginner entrepreneurs. Finally, on July 14, 2016, the Government Regulation Number 29 of 2016 was stipulated and promulgated about Amendments of Limited Liability Company Capital as a solution for adjusting the rules. Previously the basic capital to establish a Limited Liability Company was at least Rp. 50,000,000.00 (fifty million rupiahs), changed to be submitted based on the "Agreement" of the founders whose direction can be under Rp. 50,000,000.00 (fifty million rupiahs). The issuance of Government Regulation Number 29 of 2016 shows that there is no synchronization of rules, namely "rules and types of hierarchies are lower" must be in line with "rules and types of hierarchies are higher", so that it seems forced to start a business must be in the form of a Limited Liability Company without to start with several choices of business entities such as Individual Companies, Partnership (Maatschap), Partnership of the Firm (Venootschap onder Firma), or Partnership of the Commanditaires (Commanditaire Vennootschap). Based on the description above, the legal issues that will be discussed in this thesis are: 1). How is the regulation of a Limited Liability Company in accordance with Government Regulation Number 29 of 2016 ?, 2). What are the factors determining the amount of authorized capital according to Article 1 Paragraph (3) Government Regulation Number 29 of 2016 not having rules synchronization with Article 32 Paragraph (1) Law Number 40 of 2007 as a higher rule in its hierarchy that regulates Limited Liability Companies? , 3). What should be the concept of legal regulation regarding the determination of the amount of authorized capital of a Limited Liability Company that can provide flexibility for entrepreneurs to starting a business without ignoring the legal figure of a typical Limited Liability Company in the future? The type of research method used in this thesis is normative legal research which aims to produce new legal arguments and concepts as Ius Constituendum on determining the amount of authorized capital of a Limited Liability Company. Based on the results of the research, the conclusions are: 1). The regulation of a Limited Liability Company based on Government Regulation Number 29 of 2016 focuses on the authorized capital of the Limited Liability Company based on the "Founding Agreement" with the direction of the amount below Rp. 50,000,000.00 (fifty million rupiahs), and regulating basic capital in certain business activities (Banking, Insurance, Freight Forwarding) subject to their respective legal norms. 2). These factors include a decline in the state of the Indonesian economy, the provision of ease of business for Entrepreneurs in establishing a Limited Liability Company, the existence of respect for contractual freedom of principle that provides the widest possible freedom to the public to enter into agreements to establish a Limited Liability Company based on the provisions in Civil Law, and the establishment of a Limited Liability Company as a step to increase investment to encourage Micro, Small and Medium Enterprises. 3). The concept of legal regulation in the future must go through the synchronization process first as the main thing considering that what is changed here is only about the amount of authorized capital of a Limited Liability Company conducted by Government Regulation. In addition, new legal norms are needed as a rule solution that can be applied in the future. Finally, if the public or entrepreneurs who want to establish a Limited Liability Company consider that the amount of the authorized capital still feels burdensome, it can be started by conducting business pioneering in several business entity choices such as Individual Companies, Partnerships (Maatschap), Partnership of the Firm (Venootschap onder Firms), or Partnership of the Commanditaires (Commanditaire Vennootschap / CV).

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Agreement, capital, limited liability company capital structure, legal synchronization
Subjects:	K Law > K Law (General) > K3820-3836 Economic constitution, policy, planning, and development K Law > K Law (General) > K7485-7495 Business associations. Business corporations
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Administrator Library
Date Deposited:	01 Aug 2019 05:25
Last Modified:	02 Aug 2019 08:20
URI:	http://repository.unsri.ac.id/id/eprint/1553

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