As A Result of the Law Change In the Form of the Company Limited (PT) Become A Regional Company (PERSERODA)
Keywords:
Because of law,Form of Legal Entit, Regional Development CompanyAbstract
Change form of legal entity company Limited South Tangerang Investment Development has become a South Tangerang Investment Development Regional Company significant impact in matter law company . Change This involves complex legal processes and has diverse implications , starting from aspect ownership , responsibility answer law , up to protection interest public . Study This aim For investigate consequence law from change this , incl change in structure company , liability law , and its impact towards stakeholders. Through approach analysis law and review literature , research This identify consequence emerging law from change form of legal entity This as well as the implications to practice business and environment law in Indonesia. For answer problem research , research This use type study law normative with approach laws , approaches concept , and doing interview with agency related . Data used is secondary data form primary, secondary and tertiary materials , which are obtained through study literature ( library research ) , research conducted by researchers previous . Result of study This show that . The legal standing of Regional Owned Enterprises (BUMD) which have not changed form to Perumda or Persiroda is that BUMD cannot carry out legal actions that should be carried out by a legal entity. This is in accordance with the provisions regulated in Article 402 paragraph (2) of Law Number 23 of 2014 concerning Regional Government. then the operational legal basis for adjusting the legal form of BUMD is the transitional provisions as intended in Article 405 of the Regional Government Law jo. Article 140 PP BUMD, namely all provisions of statutory regulations which are implementing regulations of Law 5/1962 and implementing regulations relating to BUMD are declared to still be valid as long as they have not been replaced and are not contradictory with provision in the Regional Government Law and PP BUMD. As well as procedures change in company status area become the newest form of BUMD that is with follow the process for establishing a BUMD in the Regulations Government Number 54 of 2017 concerning BUMD.
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