How to cite:

Yalid, Irawan Harahap, Riantika Pratiwi (2024) The Age of Establishment of the Company after the

Enactment of the Job Creation Law , (06) 07,

E-ISSN:

2684-883X

Published by:

Ridwan Institute

Univrsitas Lancang Kuning, Indonesia

Email: [email protected], [email protected], [email protected]

This study examines the conflict of age proficiency norms related to the establishment of the

company since the post-enactment of the job creation law. As is known, the establishment of

an individual company according to Article 6 paragraph (2) letter A of Government

a normative manner, with the approach of legislation, Court decisions, legal concepts and

comparisons, using legal materials and analyzed and interpreted comprehensively. The results

of this study proficiency in establishing the company the author chose the ideal concept only

option. Some countries use the 18-year-old adult age benchmark in some laws using the 18-

year-old size and some experts agree that the 18-year-old adult size is thus the size of an 18-

year-old adult is an appropriate size for the skills of people related to establishing a company.

The regulation of limited liability companies used to be incorporated in the Commercial

Law Code (KUHD), since 1995 it has been regulated in a separate law through Law Number

1 of 1995. The next development of Law Number 1 of 1995 was replaced by Law Number 40

of 2007 which has been partially amended based on Law Number 11 of 2020 concerning Job

Creation. Then in the next development, Law Number 11 of 2020 concerning Job Creation

was replaced with Law Number 6 of 2023 concerning the Stipulation of Government

Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law.

Although Law Number 11 of 2020 concerning Job Creation has been declared revoked

and invalid based on Article 185 of Law Number 6 of 2023, Government Regulation Number

8 of 2021 at the time this study was carried out is still in force. The enactment of Government

Regulation Number 8 of 2021 is affirmed in Article 184 letter a of Law Number 6 of 2023

concerning Job Creation, which reads: "All implementing regulations of the Law that have

been amended by this Government Regulation in Lieu of Law are declared to remain valid as

long as they do not conflict with this Government Regulation in Lieu of this Law". Based on

the mandate of Article 109 of Law Number 6 of 2023, the definition of a Limited Liability

Company other than a legal entity due to a capital partnership and born on the basis of a

partnership is also added to an individual legal entity that meets the criteria for Micro and

Small Enterprises.

(2) letter a of Government Regulation Number 8 of 2021, it is determined that the

establishment of an Individual Company can be done by an Indonesian Citizen who has

reached the age of 17. Then in Companies that Meet the Criteria for Micro and Small

Enterprises, the GMS is still regulated. Meanwhile, Companies that Meet the Criteria for

Micro and Small Enterprises are allowed to be established by only 1 person as stipulated in

Article 109 of Law Number 6 of 2023.

The provision of the age of proficiency for the establishment of an Individual Company

is not in sync with the age norm of proficiency in the Civil Code (KUHPerdata). The age of

proficiency in Article 1330 of the Civil Code mentions people who are not capable of making

agreements, namely "persons who are immature (have not reached the age of 21)". The

Furthermore, regarding the GMS in Individual Companies, the existence is regulated as

stipulated in Articles 153C, 153G of Law Number 6 of 2023. The arrangement of the GMS in

an Individual Company is a contra dictio interminis with the arrangement of the Individual

Company itself, namely the shareholder is only 1 (one) person. For what is the purpose of

regulating the existence of a GMS, while to establish an Individual Company, it is enough to

state with the statement of its founder, in accordance with the provisions of Article 6

paragraph (3) of Government Regulation Number 8 of 2021.

Relevant to these legal issues, the author will conduct research in stages according to

the direction of the research roadmap, the first focus on the issue of age proficiency in

establishing the Company, the next stage continues with the issue of the existence of RPUS in

Suherma and J. Satrio in 2010 who wrote about the explanation of the age limit law related to

2960 Syntax Idea, Vol. 6, No. 07, Juli 2024

the age limit and act based on the age limit maman Suherman & Satrio, (2010), However,

there is no connection with the issue of age proficiency in establishing a company after the

enactment of the Copyright Law. Anggraeny Arief and Rizki Ramadani's research in 2021

examined the Omnibus Law on Job Creation and its implications for the basic concept of

limited liability companies. The results of his research explained that it has expanded the

meaning of Limited Liability Company by presenting the Individual Company model which

gives birth to a number of contradictions in the basic concept of Limited Liability Company,

in addition to also removing the Company's minimum capital limit which is feared to cause

vulnerability to business continuity (Arief & Ramadani, 2021). Then the research of Desak

establishment of limited liability companies after the enactment of the Job Creation Law. The

results of his research show that the promulgation of the Job Creation Law itself does not

result in legal dualism in the establishment of Limited Liability Companies because the Job

Creation Law itself is an amendment to the Limited Liability Company Law, but is made

using the concept of omnibus law (Athina, Purnama, & Efendi, 2022). Finally, Nasrullah and

Syahrullah's research in 2022 examined the existence of individual businesses after the birth

of the Job Creation Law. The results of his research show that the existence of individual

businesses in Indonesia is quite significant in efforts to develop the national economy,

especially since it has been strengthened by the Job Creation Law which gives force as a legal

entity (Nasrullah, 2022).

input for the government in updating the company's laws.

This type of research is normative legal research related to the issue of normative

Job Creation Law. According to Peter Mahmud Marzuki, legal issues in the legal dogmatic

space arise when: First, "the parties to the lawsuit or those involved in the debate put forward

different or even contradictory interpretations of the text, regulations because of the ambiguity

of the regulations because of the ambiguity of the regulations themselves; Second, there is a

legal vacuum; and third, there is an interpretation of the facts” (Purwati, 2020). To conduct

this normative research, several approaches (methods) are used, namely the statute approach,

historical approach, conceptual approach, and case approach (case cpproach) that are

relevant to the problem being studied. The data needed in normative legal research in the

materials. Data analysis is carried out comprehensively and is a holistic, which is carried out

special.

As already mentioned, based on the mandate of Article 109 of Law Number 6 of 2023,

the definition of a Limited Liability Company other than a legal entity due to a capital

partnership and born on the basis of a partnership is also added to an individual legal entity

that meets the criteria for Micro and Small Enterprises.

In accordance with the mandate of Article 109 of Law Number 6 of 2023 concerning

(2) letter a of Government Regulation Number 8 of 2021, it is determined that the

establishment of an Individual Company can be done by an Indonesian Citizen who is 17

Government Regulation Number 8 of 2021, it does not explain the age and legal capacity in

question. Therefore, the age proficiency regulation in establishing an Individual Company can

be established by someone who is 17 years old or legally competent.

Proficiency comes from the root word "cakap", which means being able to do

something; can; get; have the ability and intelligence to do something (Language, n.d.). One

of the standards that is often used to assess the limitations of proficiency, especially related to

engagement, is as contained in Book III of the Civil Code Article 1330, which states that

"Incompetent are those who are immature, under custody, and women who are bound by

marriage”.

Immaturity, which is used as a measure of incompetence, refers to the provision of

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years, while converting an Individual Company into a Limited Liability Company must be

requirement not being met, as stipulated in Article 1320 jo Article 1330 of the Civil Code, it

will have an impact on the agreement made to be sued for cancellation. However, when

referring to Article 1331 of the Civil Code, it is stated that "Therefore, persons who in the

previous article are declared incapable of making consent, may demand the annulment of the

agreement they have made in terms of the power to do so, not exempted by law. Those who

are capable of binding themselves cannot at all make a denial on the basis of the

incompetence of an immature child, those who are placed under the custody, and the women

who are married." That is, no one else has the right to cancel the incompetent person. That is,

if there is no cancellation, the agreement remains valid.

Civil Code) (Nuryanto & Eryandi, 2020). This is related to the common sense and mental

capacity of a person who consciously knows the impact or consequences of his actions. Of

different, due to the influence of psychological and physiological factors as well as the

environment. However, to obtain legal certainty, there must be a standard for assessing the

limits of a person's proficiency.

As is known, the establishment of an Individual Company according to Article 6

paragraph (2) letter a of Government Regulation Number 8 of 2021 stipulates that the

establishment of an Individual Company can be carried out by Indonesian Citizens who are 17

years old and legally competent. The age of incorporation of an Individual Company is clearly

not in sync with the age norm of proficiency in the Civil Code. Problems will occur if later the

Individual Company is converted into a Limited Liability Company while the age of its

founder has not reached 21 years old, while converting an Individual Company into a Limited

Therefore, when it does not meet the adult element or is "underage", it becomes incapable of

acting within the law. For such a condition, the parent or guardian will represent and be

charged with legal responsibility due to his or her actions. The judge's considerations

regarding a person's proficiency in court products are described as follows:

according to the law he is considered to be able to fully account for each of his actions.

Therefore, a situation is created in which the person is capable of doing in the law. If the

for example the Determination of the South Jakarta District Court Number

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69/Pdt.P/2009/PN. South Jakarta on April 16, 2009. The judge determined that the

parental permission, so his lawsuit was rejected. The judge's consideration of the condition

of minors or minors based on Law Number 1 of 1974 concerning Marriage is appropriate.

Manpower in Article 69, it is determined that the ages of 13-15 can work, with

marriage, not maturity. Law Number 23 of 2002 concerning Child Protection in Article 1

paragraph (1) does not regulate 18 years. Article 1 number 5 of Law Number 21 of 2007

concerning the Eradication of Trafficking in Persons, does not regulate the

competence/authority to act. In Law Number 30 of 2004 concerning the Notary Position in

Article 39 paragraph (1) it is determined that the age is 18 years old or married. This

provision is imposed on the audience. In Article 39 paragraph (1) it is stated that the

applicant must meet the following conditions: a at least 18 (eighteen) years old or married;

capable of performing legal acts.

This raises questions about the meaning of cakap in letter b, considering that the

meaning of cakap in the Civil Code includes age, which is 21 years old, while in the

the age limit.

Even though they have the same size limit, namely age, the authority to act cannot be

authority to act as well as have the ability. However, it cannot be interpreted that every person

who has the authority to act is certain to be competent in the law, or that every person who is

capable in the law must also have the authority to act.

In the perspective of laws and regulations, age determines the authority to act variously,

not depending on a specific legal terminology. Age in determining proficiency in a broad

sense is influenced by the terminology of "adult" (it can also be interpreted as not being

"underage"). This can be found in the regulation of proficiency in Article 1330 of the Civil

Code, which does not specify a specific age, but only refers to the terminology of "adult", in

other arrangements such as Article 330 of the Civil Code, it is stipulated that an adult (in the

sense of not being a minor) has reached a certain age (21 years). Therefore, the age limit of

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certainly cause problems, if it is associated with the application of the law, especially through

married and living separately from his parents. The subject writes that the person who makes

an agreement must be competent according to the law. In the essay, every person who is an

adult or puberty and has a healthy mind is capable according to the law. Cakap, according to

Subekti, is interpreted as understanding something that is done and being aware of the impact

of his actions and being accountable for it (Utami & Raharjo, 2021). J. Satrio argue that the

ability to carry out legal acts in civil law, it can be concluded that those who can legally carry

out legal acts with perfect legal consequences are those who have grown up (Satrio, 1993).

According to R. Setiawan, a person is incapable if he is generally based on the

provisions of the law and is not able to make agreements with perfect legal consequences.

With the understanding of incompetence, it can be concluded that a person's ability to make

and take care of his property and other needs (Haq, 2020).

Based on the approach of court practice, the study of laws and regulations and the views

people related to establishing a company. Here the concept is only a choice, therefore the skill

in establishing a company the writer chooses the ideal concept is only a choice.

Some countries use a 18-year-old age benchmark, such as the Netherlands (Article 233

of the Dutch Civil Code), United States. 2001). We ourselves use the 18-year-old in the

Marriage Act, which is meant to apply nationally—as mentioned above—has given way to

using the 18-year-old as a general standard of majority. Moreover, the Notary Position Law—

which is relatively new—in Article 39 also stipulates that people who have reached the age of

18 can appear before a Notary for the preparation of an authentic deed. Some authors also

approve of an adult size of 18 years. Purwoto Gandasubrata, even said "... The age limit of

maturity is 21 years old can no longer be maintained (Rahman, 2019), thus the adult size of 18