Tarumanagara Law Review
Vol. 6 No. II (2024): Talrev-Untar

Legal Analysis of Sole Proprietorship in Indonesia and Germany: A Comparison

Natania Kayla Tanujaya (Unknown)



Article Info

Publish Date
15 Oct 2024

Abstract

This research compares Indonesia’s Perseroan Perorangan and Germany’s Unternehmergesellschaft (UG) as simplified limited liability companies. Using a normative legal method with a comparative approach, the study examines their establishment, capital requirements, management, limited liability, and creditor protection. The findings show that both systems facilitate individual entrepreneurship through simplified corporate structures. However, Indonesia’s Perseroan Perorangan is specifically intended for qualifying micro and small enterprises and provides simplified electronic registration, while Germany’s UG operates as a special form of the GmbH and may be established with capital as low as €1. Germany also requires full payment of capital and allocation of 25% of annual surplus to a statutory reserve, whereas Indonesia has no equivalent mandatory reserve requirement. These differences demonstrate distinct approaches to balancing entrepreneurial accessibility, corporate accountability, and creditor protection.

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Journal Info

Abbrev

tlr

Publisher

Subject

Description

Tarumanagara Law Review (TaLrev) is a peer-reviewed academic journal published by the Faculty of Law, Universitas Tarumanagara, Indonesia. The journal provides a platform for academics, researchers, legal practitioners, and students to publish original research articles and review articles ...