PROBLEMATIKA HUKUM PENGELOLAAN USAHA MIKRO DAN KECIL SEBAGAI PERSEROAN PERORANGAN

Abstract

Constitution Number 11 2020 About Omnibus Law has passed to improve the business climate and open up the broadest possible job opportunities. There is a new form of the company in this Regulation, namely individual company micro and small enterprises (MSE). That company form can make Individual people build the company and own the company's shares. This company form certainly raises questions considering that limited liability companies and MSE are two different things. This paper will examine potential conflicts of interest and possible violations of the principle of accountability in the management of individual companies' MSE. This study uses a normative juridical method with statute approach method and conceptual method. The research specifications use analytical descriptive. This research concludes that the Omnibus Law regulation of MSE as an Individual Company is deemed inappropriate. If a company and its shares are only held by 1 (one) person, the possibility of having multiple positions, which may lead to a conflict of interest, will be huge. This condition will make the company not transparent, so decisions made by the company organs will be very subjective. In addition, this can also cause difficulties for the company's organs in carrying out their obligations in accordance with their duties and responsibilities.