JRSSEM 2022, Vol. 01, No. 8, 1086 – 1094

E-ISSN: 2807 - 6311, P-ISSN: 2807 - 6494

DOI : 10.36418/jrssem.v1i8.128 https://jrssem.publikasiindonesia.id/index.php/jrssem/index

INDONESIA’S NATIONAL ECONOMIC RECOVERY

THROUGH THE CONVENIENCE OF COMPANIES

ESTABLISHING OF MICRO AND SMALL ENTERPRISES

IN THE JOB CREATION ACT

downturn in the national and global economy. Various efforts have been made by the Indonesian

government to increase economic growth so that Indonesia can avoid the economic crisis. The

Indonesian government in its various policies has created pro-community programs to accelerate

economic recovery. The aim is to provide convenience in the establishment of a limited liability

company which originally had to be established by at least two founders based on an agreement,

so that the establishment of a limited liability company called a limited liability company can now

be established by one person. by simply making a statement. The technique used in this research

is a systematic and interpretive descriptive-analytical technique, which describes the strengths and

weaknesses of a legal product being analyzed, and tries to find a relationship between the

Putu Ayu Sriasih Wesna |1087

DOI : 10.36418/jrssem.v1i8.128 https://jrssem.publikasiindonesia.id/index.php/jrssem/index

The Indonesian government has taken

various ways to empower micro-

enterprises to help people who have

experienced layoffs (PHK) and lost income

because their businesses have been

affected by the Covid-19 pandemic (Meyer,

Revolving Fund Management Agency

(referred as LPDB) of Cooperatives and

MSME that can be used for low interest

loans for MSMEs. The government also

provides interest subsidies and facilitates

credit or financing requirements and

funding for MSMEs, including through the

People's Business Credit (referred as KUR)

To encourage community economic

Government to reduce the impact of Covid-

19 on the economy (Bagchi, Chatterjee,

Ghosh, & Dandapat, 2020).. In addition to

focusing on handling the health crisis, the

Government is also running the PEN

program as a reaction to the decrease in

the level of community activity affected by

Covid 19, especially the informal sector and

MSMEs (Koloma, 2021).

The Job Creation Act is promulgated

with the hope that there will be job creation

in accordance with the objectives set out in

Article 3 letter a of the Job Creation Act.

Creating and increasing job opportunities

by providing financing facilities for MSMEs

as well as national industry and trade. It is

also hoped that this promulgation is an

effort to be able to absorb the widest

entity, in this case a legal entity other than

an existing legal entity, in order to increase

economic growth, namely to form an

individual company that can be established

with individuals. An individual company as

referred to in the Job Creation Act provides

facilities and conveniences for the

community in its establishment because it

does not require a notary deed and it is

regulated in government regulation

This research is conducted using two

types of approaches: a statutory approach

and an analytical approach. A normative

juridical analysis generally places more

emphasis on the deductive method as the

main basis and the inductive method as the

supporting work procedure. The analysis of

comparative, evaluative, and

systematic and interpretive descriptive-

analytical technique, which describes the

shortcomings and advantages of a legal

product under analysis, as well as trying to

find the relationship between the

formulation of a legal concept or legal

proposition between articles contained in

the same legal product

broader meaning. Many people used to run

companies in the sense according to S.

1938 No. 276, but not included in the

definition of a trader according to Article 2

of the KUHD.

According to the legislators, a company

is an act that is carried out uninterruptedly,

openly, in a certain position and to seek

profit (Pratama, Marsuni, & Ilyas, 2021).

Activities carried out with the intention of

activity of running a company, which is an

activity that implies that the activity in

question must be carried out (Nerio,

Olivero-Verbel, & Stashenko, 2010).

Openly in the sense of legal (not illegal);

to gain profit, either for themselves or

for others.

There are various types of business

entities in Indonesia. Business entities are

divided into two broad categories, namely

business entities that are legal entities and

business entities that are not legal entities.

Business entities that are not legal entities

consist of Firm Partnerships (Cheshire,

2010), Limited Partnerships (CV), Private

and regulations for each type of legal

entity.

Regulations regarding legal entities are

also regulated in the Civil Code. Basically,

Burgerlijk Wetboek (BW) does not regulate

the term legal entity. The term used

according to BW is Zedelijk Lichaam.

According to BW or the Civil Code, what is

meant by a legal entity or rechtspersoon is

a group of people who in legal traffic act as

Warnaby, Ward, & Goatman, 2016). A

partnership company that is not a legal

entity is basically a company established

and owned by a private party. A partnership

Putu Ayu Sriasih Wesna |1089

company that is not a legal entity is a

company in the form of a partnership or a

partnership that is carried out and owned

by two or more people, which can be in the

form of a Civil Partnership, Firm Partnership

(Fa) and Limited Partnership

(Commanditaire Vennootshaap

abbreviated CV). A partnership company

2014).

Limited Liability Company (PT) is an

association or entity consisting of several

shareholders and has separate capital from

the assets of the owner or founder with

company assets, this company is

established based on an agreement and

carries out business activities with

authorized capital which is entirely divided

requirements stipulated by law. The

From the formulation described above,

the criteria can be given that a Limited

Liability Company (PT) is a legal entity

established on the basis of an agreement

and has separate assets from assets and its

capital consists of shares so that the liability

of shareholders is limited to a number of

shares they have put.

According to Satjipto Rahardjo, a legal

entity as a legal subject is the result of a

fictitious construction of a law which is then

2) Have a specific purpose

3) Have their own interests, and

4) There is an organized organization.

Limited Liability Company (PT), also

known as Naamloze Vennootschaap (NV),

is a partnership to run a business whose

capital consists of shares, the owner of

which has as many shares as the shares it

owns. Because the capital consists of shares

ownership can be made without the need

widely enjoyed, especially for companies

with large amounts of capital. Ease of

attracting funds from the public by selling

shares which is also an impetus to establish

a business entity in the form of a limited

liability company (Badriyah Rifai Amirudin,

Artikel Pendidikan Network).

The form of a limited liability company

is in great demand by the public because in

general a limited liability company has the

profit both for the institution itself and for

Of all business entities in Indonesia

such as Firms (Fa), Limited Partnerships

(CV), Cooperatives and so on, Limited

Liability Companies, hereinafter referred to

as Companies, are a form of business entity

with economic activity that receives the

highest portion of attention. Limited

Liability Company (PT) is the most preferred

form of economic activity at this time, in

addition to the limited liability, limited

Limited Liability Company Based on Article

7 paragraph (1) of Law Number 40 of 2007

concerning Limited Liability Companies

(hereinafter referred to as the Limited

Liability Company Law), the establishment

of a Limited Liability Company (PT) must be

made up of 2 (two) or more persons. in the

form of an authentic deed in this case a

notarial deed. Furthermore, in Articles 32

and 33 of Law Number 40 of 2007

and Human Rights. This business entity in

the form of a legal entity has a distinctive

character, namely the name of the Limited

Liability Company (PT) may not be the same

liability company has not yet obtained the

status of a legal entity, then all the

companies, both founders, directors and

commissioners, are jointly and severally

responsible for a legal act and losses

Liability Company Law regulates the

minimum authorized capital of the

company, namely Rp. 50,000,000,- (fifty

million rupiah) with a minimum of twenty

five percent of the authorized capital must

be issued and paid up as evidenced by a

valid proof of deposit. Meanwhile, after the

enactment of the Job Creation Act, it was

changed to that PT must have authorized

capital. The amount of authorized capital is

Furthermore, the Job Creation Act also

changes the provisions regarding the

conditions for the establishment of a PT,

which initially the establishment of a PT

Putu Ayu Sriasih Wesna |1091

must be established by at least two people

based on an agreement by making an

authentic deed, but in the Job Creation Act

it changes this which is between Articles

153 and 154 inserted again one Article,

namely Article 153 A. The article stipulates

that a Company that meets the criteria for

Micro and Small Business can be

In the implementing regulations, which

are regulated in Government Regulation

Number 8 of 2021 concerning Authorized

Capital of Companies and registration of

the Establishment, Change and Dissolution

of Companies that Meet the Criteria for

Micro and Small Businesses, the

government has provided convenience for

micro and small entrepreneurs to establish

called a sole proprietorship. In this case,

entities, which have a business capital of up

to a maximum of Rp. 1,000,000,000 (one

billion rupiah), this does not include land

and buildings for business premises, or

annual sales proceeds of up to a maximum

of Rp. 2,000 .000,000,- (two billion rupiah).

As for what is referred to as a small

business, namely the first productive

economic business that stands alone,

established by an individual or business

entity that is not a subsidiary or not a

branch of a company that is owned,

controlled, or becomes a part, either

directly or indirectly, of a medium or large

business. . Second, having a business

capital of more than Rp. 1,000,000,000 (one

billion rupiah).

Business actors who meet the above

criteria can establish an individual company

with the following facilities:

established by an Indonesian citizen

(“WNI”) who is at least 17 years old and

legally competent.

legal entity.

Indonesian language, which contains

the aims and objectives, business

activities, authorized capital, and other

information related to the

establishment of an individual

company.

registered electronically to the Minister

of Law and Human Rights by filling in

the form.

Minister shall then issue a certificate of

as the applicant can print the statement

of the individual company and the

certificate of the statement of

establishment using white paper size

F4/folio.

The Individual Company established by

one person must change its legal entity

status to a Limited Liability Company if it

meets the following criteria:

becoming a company is required to

change its status through a notarial

deed and be registered electronically

with the Minister.

accordance with the provisions of the

legislation regarding the Company, in

this case PT.

Individual companies, although they

Because the principle of the PT remains as

a capital partnership. The number of shares

of more than one is also useful when the

UMK Individual Company turns into a PT

The organs in individual companies

the company is run by one organ, namely

the board of directors (board of directors).

In this case, the Director also carries out the

functions of management and supervision.

Whereas in a two-tier system, there is an

organ that performs the function of

managing the company, namely the board

of directors and there is an organ that

performs a supervisory function (board of

commissioners), as adopted by the

is only one person, still has the GMS organ.

Based on the definitions of the one-tier

system and the two-tier system, if it is

related to the Limited Liability Company

Law prior to the enactment of the Job

Creation Act, then Indonesia uses the

principle of a two-tier system. This is

the management of the company, while the

Board of Commissioners is more

responsible for supervising. Although there

is only one shareholder in the job creation

Putu Ayu Sriasih Wesna |1093

law, shareholders can appoint other organs

as supervisory organs or commissioners, or

shareholders can act as management

organs or supervisory organs.

The enactment of the Job Creation Act

is expected to be a breakthrough for the

Government in cutting the length of

regulations in the establishment of limited

Enterprises (MSME) and Cooperatives

sector. The job creation law will also make

it easier for micro and small business actors

(UMK) to speed up the licensing process by

registering online single submission (OSS),

because individual companies only need to

register an individual company to get an

individual company registration certificate

to be called a legal entity.

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