Akibat Hukum Pendirian Perseroan Terbatas Perorangan Tanpa Akta Notaris Merujuk Pada Undang-Undang Cipta Kerja di Tinjau dari Kepastian Hukum

Abstract

One of the reforms introduced through the Omnibus Law on Job Creation (UUCK) has impacted the provisions in the Company Law (UUPT), particularly with the recognition of a legal entity in the form of a Sole Proprietorship Limited Liability Company (PT Perorangan) for micro and small businesses, which no longer requires a Notarial Deed in its establishment process. While this simplification was intended to ease the formation of such businesses, it has led to several practical issues. The absence of a notary in the establishment of a PT Perorangan could result in a legal vacuum regarding the clarity and authenticity of the deed, especially when the deed is scanned and submitted online for the registration of the company.

This research adopts a normative juridical approach with a descriptive nature. The research utilizes a statute approach and a conceptual approach. The data used in this study are secondary data consisting of primary, secondary, and tertiary legal materials. Data collection techniques involve both library research and field studies, including interviews with notaries, the Ministry of Law and Human Rights, and banks.

The study found that the exemption of the requirement for a Notarial Deed in the establishment of a PT Perorangan is aimed at facilitating micro and small enterprises (UMK) in developing their businesses by forming a limited liability company with low cost and quick processes, provided that they meet the UMK criteria. However, on the other hand, the establishment of a PT Perorangan does not offer legal certainty, as the notarial deed is considered a binding and definitive proof of the company's establishment. A notary can guarantee the founder's capability through the deed of establishment and ensure legal certainty.