Karya Ilmiah

DISERTASI (208) - Perkembangan Hukum Perseroan Terbatas (PT) yang Berbentuk PT Perseorangan (One-Person Company)

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capital association and covenant, so to establish a Limited Liability Company (PT) must
be done by 2 (two) or more persons. Likewise after PT stands and has obtained the
status as a legal entity, then the number of shareholders must still be at least 2 (two)
persons. Therefore there is no possibility of One-Person Company (PT Perseorangan),
which is a PT that can be established by only 1 (one) person only or all shares owned
by 1 (one) person only. This provision has caused many problems in everyday business
practice, which has led to various forms of legal smuggling (fraus legis) in the case of
the establishment of PT and after PT obtain the status of legal entity. However, the fact
that in Article 7 paragraph (5) of Company Law of 2007 is lawfully allowed the
existence of One-Person Company (PT Perseorangan) for a maximum period of 6 (six)
months. In Article 7 Paragraph (6) of Company Law of 2007 the possibility of the
occurrence of One-Person Company (PT Perseorangan) for a long period of time may
occur because the provisions of this article are not strict in terms of sanctions.
Furthermore, Article 7 Paragraph (7) Sub-Paragraph a and b of Company Law of 2007
also found the existence of One-Person Company (PT Perseorangan) since its
establishment but is valid for State-Owned Enterprises (SOEs) Persero which wholly
shares owned by the State, Stock Exchange (BEI), Clearing Guarantee Institution
(LKP), Depository and Settlement Institution (LPP), and other institutions as stipulated
in the Capital Market Law, and for these companies the obligation to apply the
principles of capital association and covenant is exempted.

Therefore, in this dissertation research, we want to find and analyze the ratio-
legis and characteristics of the principles of capital association and covenant in PT, the

ratio-legis permitted single shareholder in PT in Indonesia for 6 (six) months, ratio-
legis of the possibility of SOEs (Persero) which wholly shares owned by the state, the

company that manages the Stock Exchange (BEI), Clearing and Guarantee Institution
(LKP), the Depository and Settlement Institution (LPP) becomes the solely shareholder
in the PT with the exclusion of the application of the principles of capital association
and covenant. Currently, One-Person Company (PT Perseorangan) has become a trend
in the world, and its stance is no longer based on the principles of capital association
and covenant. In its establishment has also shifted from the principle of endorsement to
the principle of registration. Germany, was the first country in the world (1892) to
formally introduced the One-Person Company in the form and name of Gesellschaft mit
beschrankter Haftung (GmbH) and India one of the most recently introduced countries
(2013) in the form of One-Person Company (OPC). Therefore, in this dissertation

research is sought, found and analyzed on the characteristics and liability of One-
Person Company (PT Perseorangan) by comparing it to GmbH and OPC.

Keywords: Legal Development, One-Person Company, Limited Liability Company.

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Ketersediaan

031217017329

208 Sia p

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

208 Sia p

Penerbit

Surabaya : Fakultas Hukum Unair., 2018

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

PERSEROAN TERBATAS

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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