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The Criteria of Public Interest as Grounds for the Dissolution of Limited Liability Companies in the Indonesian Legal System Moh. Hosen; Didit Darmawan; Rommy Hardyansah
Bulletin of Science, Technology and Society Vol 5 No 2 (2026): Bulletin of Science, Technology and Society (August)
Publisher : Metromedia

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Abstract

This research discusses the dissolution of limited liability companies due to reasons of public interest and the role of the Prosecutor's Office in such a mechanism based on Law Number 40 of 2007 concerning Limited Liability Companies. The main focus of the research is to analyze the juridical foundation of the existence of limited liability companies and the principle of public interest, the criteria of public interest in the dissolution of limited liability companies, the authority of the Prosecutor's Office in the civil field and the dissolution filing mechanism, as well as the relationship between corporate criminal liability and the dissolution of limited liability companies. This normative legal research uses statutory, conceptual, and comparative approaches with primary and secondary legal materials analyzed qualitatively through grammatical and systematic interpretation. The results of the research indicate that the ambiguity of public interest criteria in the Limited Liability Company Law creates legal uncertainty and has the potential to cause abuse of authority. The authority of the Prosecutor's Office as a state attorney is limited and must be based on a special power of attorney from the government. Corporate criminal liability has a relationship with the dissolution of limited liability companies but requires more integrated regulation. This research recommends the formulation of clearer public interest parameters and the strengthening of control mechanisms in filing for the dissolution of limited liability companies.