PROSPEK PERSEROAN PEMEGANG SAHAM TUNGGAL TANPA PERKECUALIAN UNTUK KEMUDAHAN BISNIS
As a general rule, economic enterprises or companies should be established based on the principle of capital association and agreement. In contrast, Law No. 40 of 2007 re. Limited Liability Companies, provide exemptions to both principles. On the basis of this observation the issue discussed in this articles are: (1) why is the exemption provided only for certain forms of economic enterprises or companies; (2) is this exemption to the rule justified, perceived from the principle of equality; and (3) what are the justification for allowing the establishment of a limited liability company with a single investor (sole ownership). Using a juridical doctrinal approach the answer to the above questions are: (1) exemption are granted for state owned companies, established and regulated under public law; (2) the exemption is unjust as it discriminates and allowed for discriminative treatment; and (3) the practice of establishing a limited liability company by a single shareholder is a long standing practice.
Ermias Birhanu Alaro, Formulate the Guiding Elements and Draft the Rules that would Help to Introduce Single Member Companies in Ethiopia, Anchor Academic Publishing, Hamburg, 2016.
Hans Warendorf, Richard Thomas, and Ian Curry-Sumner, The Civil Code of the Netherlands, Kluwer Law International, Alphen aan den Rijn, 2009.
Janet Dine, Company Law, Fourth Edition, Palgrave, Hampshire and New York, 2001.
Jetu Edosa Chewaka Introducing Single Member Companies in Ethipia Major Theoretical and Legal Considerations, Anchor Academic Publishing, Hamburg, 2016.
Lili Rasjidi dan I.B. Wyasa Putra, Hukum Sebagai Suatu Sistem, Mandar Maju, Bandung, 2003.
Nicholas Bourne, Essential Company Law, Third Edition, Cavendish Publishing Limited, London and Sydney, 2000.
Nindyo Pramono, Perbandingan Perseroan Terbatas di Beberapa Negara, Badan Pembinaan Hukum Nasional Kementerian Hukum dan Hak Asasi Manusia R.I., Jakarta, 2012.
Rudhi Prasetya, Kedudukan Mandiri Perseroan Terbatas Disertai dengan Ulasan Menurut Undang-Undang No. 1 Tahun 1995, Citra Aditya Bakti, Bandung, 1995.
Terry Hutchinson, Researching and Writing in Law, Lawbook Co, Pyrmont NSW, 2002.
Ali Imanalin, “Rethinking Limited Liability,” Cambridge Student Law Review, 90: 90-99, 2011.
Beihui Miao, “A Comparative Study of Legal Framework for Single Member Company in European Union and China”, Journal of Politics and Law 5:1-14, 2012.
Bryant Smith, Legal Personality, Suspicions News Magazine, 12: 79-99, 1926.
Daniel S. Kleinberger and Carter G. Bishop, “The Single-Member Limited Liability Company as Disregarded Entity,” Business Law to Day, 1-3, 2010.
Daniel T. McCloskey, “Alter Ego: Piercing the Corporate Veil,” California Lawyer, 42-45, 2008.
David Millon, “Theories of the Corporation”, Duke Law Journal, 1990: 201-262.
Jennifer J. Hagan, “The Alter-Ego Doctrine Exception in California Corporate Law,” The Hagan Law Firm, 1-6, 2007.
Maria Mousmouti, “The "Effectiveness Test" as a Tool for Law Reform,” IALS Student Law Review 2: 4-8, 2014.
Marie-Laure Djelic, “When Limited Liability was (Still) an Issue: Mobilization and Politics of Signification in 19th-Century England,” Organization Studies 34: 595-621, 2013.
Michael A. Thomason, “Piercing the Corporate Veil,” Facts & Findings, 28-29, 2011.
Muzaffer Eroglu, “Single-Member Companies in Turkish Law,” Legal Hukuk Dergisi 64: 1-20, 2008.
Namrata Gupta, “One Person Company-A Critical Analysis,” International Journal of Legal Insight I: 11-20, 2014.
Neha Yati and Krusch. PA, “One Person Company in India, “ International Journal of Law and Legal Jurisprudence Studies 2:1-39, 2005.
Peter Mahmud Marzuki, “Filosofi Pembaharuan Hukum Indonesia,” Jurnal Yustika 5, 2002.
Philip Lipton, “The Mythology of Salomon's Case and the Law Dealing with the Tort Liabilities of Corporate Groups: An Historicl Perspective,” Monash University Law Review 40: 452-487, 2015.
Terry Hutchinson, “Developing Legal Research Skills: Expanding the Paradigm,” Melbourne University Law Review 32:1065-1095, 2008.
Terry Hutchinson, “The Doctrinal Method: Incorporating Interdisciplinary Methods in Reforming the Law,” Erasmus Law Review 8:130-138, 2015.
Wendy Larcome et.al, “Making Good Law: Research and Law Reform,” Faculty of Social Sciences-Papers, University of Melbourne: Melbourne School of Government, 2-11, 2015.
Anner Mangatur Sianipar, “Perkembangan Hukum Perseroan Terbatas yang Berbentuk PT Perseorangan (One-Person Company)”, Disertasi Program Doktor Ilmu Hukum Fakultas Hukum Universitas Airlangga, Surabaya, 2017.
Natcha Rattaphan, Legal Issues on Creditors' Rights and Protections in Single Member Companies, A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Laws in Business Laws (English Programs) Faculty of Law Thammasat University, Bangkok, 2016.
https://kbbi.wed.id >baru (diakses 3 Februari 2019).
Authors who publish with this journal agree to the following terms:
Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
The Journal allow the author(s) to hold the copyright and to retian publishing rights without restrictions.