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All Journal Legal Spirit JURNAL PENDIDIKAN IPS
Sony Maulana Sikumbang
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Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Implikasi Hukum Pasca Perubahan Nama Perseroan Terhadap Izin Usaha Perseroan Nugraha, Aditya Yuda; Sikumbang, Sony Maulana
Legal Spirit Vol. 9 No. 1 (2025): Law and Society
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v9i1.5771

Abstract

Changes to the Articles of Association related to changes in the name of the Company are regulated in Article 21 Paragraph 2 of Law No. 40 of 2007 concerning Limited Liability Companies. In this article, the author examines how changing a company's name can have implications for the status of the company's business license. The problem discussed was the problem with the Company's Business License Decree because after the Ministry of Law and Human Rights' Approval Decree was issued regarding the change in the company's name, it had no impact on the change in the Business License Decree, so there were differences in the recording of company names between Ministries. This resulted in the company not being able to carry out its business license. Legal standing in protecting the company's actions is very necessary to create legal certainty in the licensing process. The case occurred with a company operating in the mining sector. There was a shift in authority between the Ministry of Investment and the Ministry of Energy and Mineral Resources, resulting in losses for the company.
Comparison of the Functions of Presidential Decrees Before and After the Law on the Formation of Legislation Ndaru Hidayatulloh; Sony Maulana Sikumbang
JURNAL PENDIDIKAN IPS Vol. 15 No. 2 (2025): JURNAL PENDIDIKAN IPS
Publisher : STKIP Taman Siswa Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37630/jpi.v15i2.3100

Abstract

This paper aims to compare the functions of Presidential Decrees before and after the enactment of the Law on the Formation of Legislation. As the head of government and head of state, the President possesses legal instruments in the form of determinations and regulations, one of which is the Presidential Decree. Presidential Decrees are not only understood as beschikking norms but can also be interpreted as legislation, policy regulations (beleidsregel), administrative decisions, and decisions of a general nature. This study employs a doctrinal legal research method to examine the legal norms in Indonesia and the comparison of the functions of Presidential Decrees before and after the enactment of the Law on the Formation of Legislation. The research findings indicate that prior to the enactment of the Law, Presidential Decrees functioned as legislation and legal instruments to create, modify, or revoke legal relationships. However, following the enactment of the Law on the Formation of Legislation, the function of Presidential Decrees has been narrowed. Presidential Decrees now only serve to determine specific matters related to the creation, modification, or revocation of legal relationships concerning specific subjects and circumstances.
Co-Authors Ndaru Hidayatulloh Nugraha, Aditya Yuda