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All Journal International Journal of Humanities Education and Social Sciences
Irwan Haryowardani
Study Program Ilmu Hukum, Fakultas Sosial Sains, Universitas Pembangunan Panca Budi
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences Other

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Validity Of The Establishment Of A Limited Liability Company (PT) By One Person Irwan Haryowardani
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 2 No 3 (2022): IJHESS-DECEMBER 2022
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v2i3.295

Abstract

The establishment of a limited liability company that is not made with a notarial deed, the establishment of a limited liability company is considered never to exist, because it is considered not to meet the elements of the establishment of a limited liability company, it can be a reason for third parties who have an interest to request the dissolution of the limited liability company through the District Court. The fulfillment of these material conditions has not made the institution a legal entity, if the formal requirements of a legal entity have not been met. The formal requirement is the recognition of the state or law stating that the institution is a legal entity. This research is a descriptive study that aims to find a rule of law, legal principles, and legal doctrines to answer legal issues faced by collecting materials sourced from legal materials based on concepts, theories, laws and regulations, doctrines, legal principles, expert opinions or views of researchers themselves, relating to the validity of the establishment of a limited liability company (PT) by one person. The validity of the establishment of a Limited Liability Company by one person in the job creation law refers to Article 153A which states that a company that meets the criteria of Micro and small businesses can be established by 1 (one) person. After the ratification of Law Number 11 of 2020 on job creation, the exception regarding the establishment requirement in Article 109 number 5 that “companies that meet Micro and small businesses can be established by 1 (one) person, which is electronically registered with the minister and can only be established by 1 (one) within a period of 1 (one) year.  
Legal Regulation On The Implementation Of Electronic Certificates Irwan Haryowardani
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 2 No 3 (2022): IJHESS-DECEMBER 2022
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v2i3.296

Abstract

Land as an economically valuable asset will increase in the future is a strategic option. Based on this, it can be said that land is a very important need for society. To utilize a land or plot of land, a person or community must first have authority over the land or what is known as the right of control over land. With the ownership of the land rights, a person or community can have a basis of authority and obligation and prohibition to do something on the land they own. Based on the background described above, the author is interested in researching the legal arrangements for the implementation of electronic certificates. This study uses theories and possibly hypotheses. This study aims to find a rule of law, legal principles, and legal doctrines to answer legal issues faced. From the results of the study it is known that the provisions of land based on legislation in Indonesia, which is regulated in Law No. 5 of 1960 on basic agrarian principles, which regulates the basics and provisions of the control, ownership, use and utilization of National Agrarian resources in Indonesia, it includes the basics and basic provisions, the rights to the homeland and space as well as land registration. The legal regulation on the implementation of electronic certificates refers to ATR/BPN Ministerial Regulation Number 1 of 2021 concerning electronic certificates. The mechanism for issuing electronic certificates is in accordance with agrarian and Spatial Planning Regulation Number 1 of 2021 concerning electronic certificates in Article 4 paragraph (4) electronic documents issued through electronic systems are authorized using electronic signatures in accordance with statutory provisions and validated by authorized officials or appointed officials and given digital stamps through electronic systems.  
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