Kepastian Hukum Pendirian Perseroan Terbatas Perorangan di Kota Padang

Abstract

The existance of Individual Company regulated in Law No. 11 of 2020 on  Job Creation (Omnibus Law and government law No. 8 of 2021 concerning the Company's Authorized Capital and Registration of Establishment, Changes, and Dissolution of Companies that Meet the Criteria for Micro and Small Businesses is as a new approach an effort to increase investment.However, the approach however, this approach is contrary to the company concept regulated in Law No. 40 of 2007 on Limited Liability Company. This study aims to find out the implementation Individual Company as a new entity to increase and ease investment in Indonesia. The method of the study is empirical legal research. The result of this study shows that the registration mechanism of Individual Company done by online. Next  the individual will get  Certificate of Establishment. Various obstacles were present after establishment including the Statement of Establishment which could not be used to open a current account in Bank, obstacles in obtaining business licenses such as disturbances in accessing the OSS system and delays in issuing standard certificates. To overcome it, bank needs to be encouraged to make policies that are in line with regulations and make it easier for small and medium sized enterprises. The government also needs to provide understanding regarding Individuals Company to the community through socialization. The discrepancy between regulations and implementation has resulted non-realization of legal certainty and legal benefit for society