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All Journal Journal of Law and Legal Reform Indonesian Journal of Advocacy and Legal Services
Wiriatma, Dodo Wiradana
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Law, Crime, Criminology & Criminal Justice

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Advocating Legal Certainty in Status Transition of Individual Companies Exceeding MSEs Criteria to Limited Liability Wiriatma, Dodo Wiradana; Admiral, Admiral; Hamzah, Rosyidi; Febrianto, Surizki; Syafrinaldi, Syafrinaldi; Hyeonsoo, Kim
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 1 (2025): The Global Challenges on Advocacy and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i1.22263

Abstract

The enactment of Law Number 6 of 2023, concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 on Job Creation, introduced the Individual Company as a legal entity designed to empower Micro and Small Enterprises (MSEs). This provision enables the establishment of a company by a single individual, a departure from the traditional requirement of at least two shareholders. The Job Creation Law, supported by Government Regulation Number 8 of 2021, outlines that an Individual Company is created through a Statement of Establishment, without the need for a Notary Deed, in line with the provisions for MSEs as stipulated in Government Regulation Number 7 of 2021. However, this legal framework creates challenges when an Individual Company exceeds the MSE criteria or gains more than one shareholder. In such cases, the company must transition into a Limited Liability Company (LLC), a process that requires the drafting of a notary deed and registration through the Ministry of Law and Human Rights’ online AHU system. This research focuses on advocating for legal certainty in the status transition of Individual Companies to Limited Liability Companies, which currently involves the dissolution of the original entity before the new LLC can be formed. The lack of a clear, comprehensive legal mechanism for this transition causes significant legal uncertainty. This paper examines the gaps in the existing legal framework and proposes solutions to streamline the conversion process, eliminating the need for dissolution. By advocating for legal certainty in the status transition, this research contributes to the broader discourse on improving the General Legal Administration system, ensuring that the legal status of businesses aligns with their evolving needs, and facilitating smoother business expansion and growth.
Reforming the Roots: Can Legal Challenges Transform the Crude Palm Oil Industry in Indonesia and Malaysia? Hamzah, Rosyidi; Adinda, Fadhel Arjuna; Prasja, Teguh Rama; Shukur, Mohd Izzat Bin Mohd Abd; Wiriatma, Dodo Wiradana
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.22161

Abstract

The crude palm oil (CPO) industries in Indonesia and Malaysia, two of the world’s leading producers, are confronted with persistent legal challenges concerning environmental sustainability, land tenure, and labor rights. Even though there is more global attention and pressure for sustainable production, the laws and regulations in Indonesia and Malaysia are still disorganized and often not strong enough to address the negative environmental and social effects of the crude palm oil industry. This paper critically examines the effectiveness of existing legal instruments and resommends comprehensive, enforceable reforms to align national practices with evolving global sustainability standards. This paper analyzes the legal challenges within the CPO sector and explores potential law reforms to enhance the industry’s sustainability and ethical standards. By conducting a comparative analysis of Indonesian and Malaysian legal systems, the study identifies gaps in regulatory enforcement, the role of multinational corporations, and the influence of international trade agreements. The urgency of this research is underscored by escalating environmental degradation, human rights violations, and the growing demand for corporate accountability—issues that threaten the long-term viability of the CPO industry. The global shift towards sustainable sourcing has intensified scrutiny of palm oil production, highlighting the need for robust legal reforms to balance economic growth with environmental and social responsibility. This research not only helps clarify the current legal landscape but also provides critical recommendations for reforms that align the industry with global sustainability goals. By exploring both countries’ legal practices, the study aims to serve as a catalyst for policymakers, legal practitioners, and industry stakeholders to rethink and reshape regulatory frameworks, ensuring a more sustainable and equitable future for the CPO industry.
Co-Authors A Admiral Adinda, Fadhel Arjuna Febrianto, Surizki Hamzah, Rosyidi Hyeonsoo, Kim Prasja, Teguh Rama Shukur, Mohd Izzat Bin Mohd Abd Syafrinaldi Syafrinaldi