Kewenangan Kejaksaan dalam Pembubaran Perseroan Terbatas Akibat Tunggakan Utang BPJS Ketenagakerjaan

Abstract

The Prosecutor’s Office, as a law enforcement agency, has the authority to file a petition for the dissolution of a Limited Liability Company (PT) before the court when there is a violation that harms the public interest or contravenes statutory regulations, as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies. One such violation that may serve as the basis for dissolution is the company's non-compliance in fulfilling its obligation to pay BPJS Ketenagakerjaan contributions, which directly affects the social protection of workers and the stability of the social security system. This study employs a normative legal research method with a descriptive-analytical approach and literature review, supported by interviews. The findings indicate that the Prosecutor’s Office plays a vital role in maintaining public order, protecting workers’ rights, and ensuring legal certainty by exercising its authority to dissolve companies that neglect their social obligations. The dissolution of the company in such cases serves as a legal effort to create a deterrent effect, encouraging business entities to comply with the law and labor social security obligations. Therefore, it is necessary to strengthen the authority of the Prosecutor’s Office through stricter regulations, clear technical guidelines, and enhanced inter-agency synergy to achieve legal certainty and social justice in the enforcement of labor social security obligations.