Legal Consequences of Limited Liability Company Law Which Has Not Been Given Legal Status Under Law No. 40 of 2007

Abstract

Business or limited liability company that has not been legally must be thrust to obtain legal protection as stipulated in the laws of the limited liability company contained in Chapter XIII of transitional provisions, article 157 paragraph (2) of law number 40 of 2007 which says "The Articles of Association of the company that have not obtained the status of the legal entity or the articles of association that changes have not been approved or reported to the minister when this Law entered into force , must be adapted to this law.". It Also explained in the regulation of the Minister of Justice and Human Rights of the Republic of Indonesia number: M-01-Ht. 01-10 of 2007 on The Procedure To Apply For Ratification Of Legal Entity, described in Article 6 paragraph (5) of this Ministerial Regulation also explained that in case of application to obtain decree of the Minister is not filed within 60 (sixty) days from the date of the establishment deed signed, then the deed of establishment since the passage of the period and the company that has not obtained the status of the legal entity dislodged due to law And his preaching was done by the founder. The impact caused by a company that has not obtained the status of a legal entity is very vulnerable, one of the impacts is that it will result in the establishment of the company based on the decision of the District Court in the application of prosecutors or stakeholders, as explained in the law of limited liability company number 40 of 2007, contained in Chapter XIII Transitional provisions, article 157 paragraph 4. Business that does not have a legal entity yet, certainly affects the effort in case of legal issues. Clearly an integral responsibility with the ownership of a business. So individuals should be aware of the responsibility of business accountability when the business is not yet a legal entity.