PENDAFTARAN PERSEKUTUAN KOMANDITER PASCA BERLAKUNYA PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA REPUBLIK INDONESIA NOMOR 17 TAHUN 2018

Abstract

Minister of Law and Human Rights Regulation No. 17 of 2018 is the latest regulation governing the Registration of Limited Partnership, which was previously regulated in the Code of Business Law. There are several differences that could raise doubts about the legality of the Limited Partnership which was registered after this Minister of Law and Human Rights Regulation because it has several fundamental differences regarding the process and authority for its ratification, whereas the legal position of this Minister Regulation is under the Code of Business Law position which is equivalent to an Act. This study examines the Legis Ratio of the formation of Minister Regulation and the Role of Notaries after the enactment of this Minister Regulation. The type of research carried out is normative legal research, it was found that there was legal disharmony between Minister Regulation and the previous rules of the Code of Business Law referring to the Lex Superior Derogat Legi Inferiori Principle, and a change from the role of a Notary based on the Criminal Code to carry out the process manually to the District Court, after Minister Regulation register electronically through the Business Entity Administration System.

Keywords: Limited Partnership, The Code of Business Law, Minister of Law and Human Rights Regulation, Notary Public