ANALISIS PERBEDAAN KEDUDUKAN HUKUM ANTARA PERUSAHAAN BERBADAN HUKUM DAN TIDAK BERBADAN HUKUM DALAM SISTEM HUKUM INDONESIA

Abstract

This study analyzes the differences in legal status between legal entities and non-legal entities within the Indonesian legal system. Legal entities, such as Limited Liability Companies, State-Owned Enterprises, and Cooperatives, possess an independent legal personality separated from their founders, thus ensuring legal protection through the separation of company assets from personal assets of the owners. In contrast, non-legal entities, such as partnerships (Firma) and limited partnerships (CV), do not have such separation, making the partners personally liable, even extending to their personal assets. This research employs a normative juridical method with a literature and comparative approach. The findings reveal fundamental differences in liability, legal recognition, and protection of third parties between legal entities and non-legal entities. These results emphasize the importance of choosing the appropriate business entity to ensure legal certainty, protection of owners, and fairness for third parties engaging with the company.

Keywords: Legal status, legal entity, non-legal entity, Indonesian legal system.