Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)

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Legal Certainty in Controlling Terminology in MSME Partnerships in Indonesia

Authors
M. Hadyan Yunhas Purba1, *, Ningrum Natasya Sirait1, Mahmul Siregar1, Dedi Harianto1
1Doctoral Program in Law, Universitas Sumatera Utara, Jl. Abdul Hakim No.4, Padang Bulan, Medan, Sumatera Utara, 20155, Indonesia
*Corresponding author. Email: hadyan@usu.ac.id
Corresponding Author
M. Hadyan Yunhas Purba
Available Online 22 February 2024.
DOI
10.2991/978-2-38476-218-7_90How to use a DOI?
Keywords
Certainty; Controlling; MSME; Partnership
Abstract

Indonesian Micro, Small, and Medium-Sized Enterprises (“MSMEs”) as stipulated in Law No.20/2008 regulates the partnership of MSMEs with large enterprises. This research aims to examine the interpretation of owning and/or controlling in the implementation of MSME partnerships, those regulated in Article 35 of Law No.20/2008, as well as its comparison with the explanation in the Job Creation Law ("JCL") jo. Government Regulation (“GR”) on the Implementation of Law No.20/2008 as stipulated in GR No.17/2013 jo. GR No.7/2021 on the Ease, Protection, and Empowerment of Cooperatives and MSMEs. The potential legal uncertainty that may arise due to differences in interpretation and its impact on the achievement of MSME partnership objectives. The normative legal research method applied in this study. The research revealed differences in the interpretation of control and ownership in PP No.17/2013 and JCL. JCL provides less detailed interpretation, which may result in different interpretations and legal uncertainty. in conditions where juridical evidence is not easily obtained. Indonesia Competition Commission (“ICC”) will face difficulties in proving violations related to juridical control and ownership that clearer guidelines are needed to avoid legal uncertainty in the supervision of MSME partnerships. The government needs to develop guidelines that can be an indicator of whether the act of controlling and/or owning has occurred or not.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
22 February 2024
ISBN
10.2991/978-2-38476-218-7_90
ISSN
2352-5398
DOI
10.2991/978-2-38476-218-7_90How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - M. Hadyan Yunhas Purba
AU  - Ningrum Natasya Sirait
AU  - Mahmul Siregar
AU  - Dedi Harianto
PY  - 2024
DA  - 2024/02/22
TI  - Legal Certainty in Controlling Terminology in MSME Partnerships in Indonesia
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 539
EP  - 543
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_90
DO  - 10.2991/978-2-38476-218-7_90
ID  - Purba2024
ER  -