LEGAL CERTAINTY ON THE LEGALITY OF ESTABLISHMENT OF LIMITED COMPANY BASED ON FAIRNESS OF PANCASILA

Abstract

When a man and a woman who are both legal subjects are married, there are legal ramifications. Property rights are among the effects of marriage legally speaking. Articles 35 and 36 of Law Number One Year 1974 Concerning Marriage (henceforth referred to as UUP), which declare that assets in marriage are divided into two categories: personal assets or assets, and shared assets, provide an important point. Personal assets or inherited assets are any assets acquired by the husband or wife before to their marriage, including those obtained as gifts or inheritances. The husband and/or wife's assets acquired while they were married are regarded as joint assets. The husband or wife may act alone with regard to personal property, but they may not act jointly without the other's approval with regard to joint property. The results of this study indicate that a married couple's Limited Liability Company is legitimate as a legal entity since it complies with the requirement of Article 1 number 1 of the Law on Limited Liability Companies that it be created by at least 2 (two) people. This only holds true for the husband and wife's intrinsic assets (assets acquired before marriage, including inheritance, grants, and gifts), whereas joint assets (assets acquired after marriage, excluding inheritance, grants, and gifts) from the husband and wife can only be utilized to form a limited liability corporation if a marriage agreement has been formed.

Keywords

• nature
• limited liability company
• law regulations