Akibat Hukum Pendirian Perseroan Terbatas Perorangan Bagi Usaha Mikro dan Kecil Berdasarkan Undang-Undang Nomor 6 Tahun 2023 tentang Cipta Kerja

Abstract

The House of Representatives (DPR) together with the President have officially ratified the Law of the Republic of Indonesia Number 6 of 2023 concerning Job Creation on March 31, 2023, with LN Number 41 and TLN Number 6856. The Law contains amendments to the Law of the Republic of Indonesia Number 40 of 2007 concerning Limited Liability Companies with policies stipulated in the Law of the Republic of Indonesia Number 6 of 2023 concerning Job Creation that there is a new form of company, namely the Individual Limited Liability Company intended for Micro and Small Enterprises. The main problems in this study include Regulations for the establishment of an individual limited liability company for micro and small enterprises; The position of an individual limited liability company for micro and small enterprises; and the legal consequences of the establishment of an individual limited liability company for micro and small enterprises based on the Law of the Republic of Indonesia Number 6 of 2023 concerning Job Creation. The research method employed in this thesis is normative juridical with a descriptive approach. The primary data source consists of secondary data collected through literature review and interviews. The data were analyzed qualitatively using statutory and historical approaches relevant to the subject matter of this thesis. The findings of this research indicate that Law Number 6 of 2023 concerning Job Creation introduces a conceptual and principled reform by allowing the formation of a limited liability company by a single individual, provided that the entity qualifies as a micro or small enterprise. Furthermore, the government issued Government Regulation Number 8 of 2021 to reinforce the provisions of Law Number 6 of 2023, regulating the establishment of such companies, their business activities, the drafting of a statement of establishment without requiring a notarial deed, electronic registration through the Ministry of Law and Human Rights (MENKUMHAM), and the company’s organizational structure. However, the existence of individual limited liability companies—particularly regarding the position and responsibilities of corporate organs, as well as the legal implications of their establishment without a notarial deed—does not align with current implementation practices, resulting in legal inconsistencies.