Legal Certainty of Individuals as Legal Subjects & Land Rights Holders in Indonesia A Comparative Study Between Indonesia & Singapore

Abstract

Law Number 6 of 2023 concerning the Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation Becoming Law regulates the position of individual companies, based on the provisions of Article 153 letters A to letter J which are inserted in Articles 153 to Article 154 in Law Number 40 of 2007 concerning Limited Liability Companies. The concept of the birth of an individual company is to provide support from the Indonesian Government in supporting micro and small business actors to obtain a legal entity with a modern form that ignores the principle of two legal subjects in establishing a limited liability company. The founder of an individual company can only establish 1 (one) individual company within a period of 1 (one) year with the company organs, namely the GMS and the Board of Directors by providing legal standing for the individual company, from the issuance of the registration certificate for the establishment of the individual company. In Singapore, a legal entity that has the same characteristics as an individual company is known as a private company limited. As a legal subject, individual companies can be given land rights as regulated in Law Number 5 of 1960 concerning Basic Agrarian Principles and their implementing regulations, namely Business Use Rights, Building Use Rights and Use Rights with a period of time and given a certificate as strong proof of ownership of land in Indonesia.