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TANGGUNG JAWAB TERBATAS DAN KEPASTIAN HUKUM PERSEROAN PEROARANGAN TERHADAP PEROLEHAN KREDIT PERBANKAN Ambon, Is Faisal; Franciska, Wira; Atmadja, Dhody.AR.Widjaja
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 8 (2025): SINERGI : Jurnal Riset Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i8.1667

Abstract

The government aims to support the development of the economy in Indonesia by creating a new business entity in the form of a legal entity, namely a Sole Proprietorship, which is regulated in Law Number 6 of 2023 in lieu of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation, which aims to make it easier for the public to form businesses for Micro and Small Enterprises (MSEs) and can have the same legality and legal certainty as Limited Liability Companies in general as a business entity with legal status. Limited liability of shareholders or founders of a sole proprietorship with MSE criteria is limited to the paid-up capital and is absolutely applicable. Shareholders of the Company for MSEs do not have personal responsibility for the obligations made by the Company and are not responsible for losses exceeding the shares owned, with all activities carried out by the Individual Company in this MSE so that they can easily obtain additional credit capital with a large financing value to run their business by having to fulfill several aspects as an assessment by the Bank as a creditor. The type of research used in this study is normative juridical with a statutory, conceptual, and interview approach from several informants from the Bank. The source of legal materials in this study is secondary data consisting of primary, secondary, and tertiary legal materials using legal material collection techniques, namely literature studies. The results of this study are firstly the characteristics of limited liability of a Sole Proprietorship, the criteria for MSEs are limited to the paid-up capital, which is absolutely applicable, and is not responsible for losses exceeding the shares owned, and secondly the legal certainty of a sole proprietorship in obtaining banking credit facilities as a debtor to increase its business without leaving the prudential aspects owned by the Bank so that the Bank can adjust the provision of credit by adjusting to existing regulations.
PERLINDUNGAN HUKUM PEMEGANG HAK ATAS TANAH TERHADAP PERBUATAN MELAWAN HUKUM TERBITNYA SERTIFIKAT GANDA Limbong, Hansen Alfian; Atmadja, Dhody.AR.Widjaja; Ismed, Mohamad
SINERGI : Jurnal Riset Ilmiah Vol. 1 No. 11 (2024): SINERGI : Jurnal Riset Ilmiah, November 2024
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/f4ykfc92

Abstract

The guarantee of legal certainty regarding land rights has been regulated in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA). Especially in Article 19 of the UUPA in ensuring legal certainty, the Government holds land registration throughout Indonesia and the issuance of proof of land rights, namely Certificates. In reality, disputes or legal cases often arise over the issuance of double certificates on the same land plot issued by the local Land Office which results in losses for land rights holders. The formulation of the problem in this study is how the civil responsibility of the land office for the double certificate dispute and how to protect the legal protection of the land right holder for the double certificate dispute. The type of research used in this study is normative juridical with a legislative, conceptual, and case approach. The source of legal materials in this study is secondary data consisting of primary, secondary, and tertiary legal materials using the technique of collecting legal materials, namely literature studies.  The result of this study is the civil responsibility of the land office for court decisions that have permanent legal force for dual certificate disputes, namely recording and/or changing the recording of certificates that are declared valid and/or do not have legal force. There is no compensation in material form from the Land Office to the holder of land rights whose certificate has been declared valid by a court decision that has permanent legal force. Legal protection of land rights holders in a dispute over multiple certificates can be carried out by canceling one of the certificates made by the authorized Head of the Land Office and/or the aggrieved party files a civil lawsuit on the basis of unlawful acts through the competent district court in accordance with the applicable legal provisions.