Implikasi Hukum Pailitnya Perseroan Perorangan Terhadap Direksi di Indonesia

Abstract

The existence of law number 11 of 2020 concerning job creation has given birth to a new type of limited liability company, namely a company that meets micro and small business standards, or as government regulation number 8 of 2021 concerning the authorized capital of a company and registration, establishment, change and dissolution of the company, it is stated that those that meet the requirements of micro and small businesses are called individual companies. This individual company has characteristics and differences from PT (Limited Liability Companies), which is regulated in law number 40 of 2007 concerning Limited Liability Companies. One of them regarding the board of directors in an individual company is only 1 (one) person who doubles as a shareholder. This is very dangerous for the company's running because it can cause a mix of personal interests in the company and become all the limits of responsibility between the company's directors and the company's directors and shareholders. This normative juridical research will discuss the legal implications of the bankruptcy of an individual company on the board of directors. In Indonesia, this study aims to determine the legal consequences of bankruptcy of respective companies. The results of the study show that there are 2 (two) models of applying the legal implications of bankruptcy of individual companies to directors, namely, the first legal consequences that apply by law and the second legal consequences that use by the rule of reason.