financialtreat – will explain about Let’s Know About Understanding Law Firms? which you will find in the following article. let’s look at this article carefully!
Before opening a business, it never hurts to know about law firms. In running a business, there are several business entities that can be chosen. You can choose it according to your needs. Because the selection of the right business entity will affect many things in the future.
These business entities include limited liability companies (PT), firms, limited liability companies (CV), and other business entities. The most frequently found business entities in Indonesia are firms. If you want to know more about the meaning of the firm, then there is nothing wrong with reading all of the following articles about law and firms.
Do You Already Know About Understanding Law and Firms? Let’s Read This Review!
Firma comes from the Dutch language, namely vennootschap onder which means a trade union between several companies. This firm becomes an alliance of several business entities which then run a business between two or more people using one name. Where each member has full responsibility for the progress of the company. Well, in Indonesia, the firm itself has entered and is regulated in the Commercial Code (KUHD) and the Civil Code (KUHPerdata).
The definition of a firm in the KUHD is each union established to run a company under one common name. Then in the Big Indonesian Dictionary (KBBI) it is also stated about the definition of a firm, namely a trade union established to run a joint business under one name in which each member has full responsibility.
So when running a firm, each member must play an active role for the progress of the company. Then for business activities that can be carried out on a small scale or large scale. It should also be noted that in a Firm Fellowship there is only one kind of partner, namely complementary or firm.
This complementary partner or firm is in charge of running the company. This includes establishing legal relationships or cooperation with third parties. So the partners are personally responsible for the progress of the company.
Furthermore, it should also be noted that in the establishment of a firm, its members will surrender all personal assets in accordance with the provisions contained in the deed of establishment of the company. So if the established firm suffers a loss or goes bankrupt, all firm members are obliged to take responsibility.
So, this firm cannot be said to be a legal entity. Because there is no separation between the wealth of members of one another. So each member has full responsibility for the firm.
In addition, the firm cannot be called a legal entity because it has fulfilled the material requirements but does not yet have formal requirements, namely ratification or recognition from the state in the form of legislation.
What are the Requirements for Establishing a Firm?
what are the requirements in a firm business entity To be able to establish a business entity in the form of a firm, there are conditions that must be met. The following are some of the requirements that must be met according to the legal basis of business establishment.
1. Founded by a minimum of two people
The first requirement for establishing a firm is the minimum number of members consisting of two people. If you want to set up a business independently with your own members, then set up a trading business or UD.
2. Determine the name to be used and registered
Both you and the member must prepare a name for the firm. Do not decide the name of the firm yourself, because the firm is not privately owned. So have a discussion with other members openly to determine the name.
3. Have a board of directors and members who are actively involved
Third, each member of the firm must have their respective positions and responsibilities. With the division of tasks, it is hoped that the operational activities and management of business entities can run smoothly and structured.
4. Have clear and directed business goals
The fourth requirement is to have a clear business establishment goal. That way, the firm will be easier to run. Without a goal, of course the company cannot run well.
5. Have determined the domicile of the firm’s business
Before establishing a firm, of course you must already have a domicile or place of business. Because this domicile will be the address of your business and members. In addition, this address is also a requirement for registering the firm as a business entity and making a deed of establishment of a business entity later.
Definition of Law Law is a law that is made and enforced through social institutions or the government to regulate people’s behavior. Laws enforced by the state can be made by a group legislature or by a single legislator, who produces laws; by the executive through decisions and regulations; or determined by the judge through precedent. One can also enter into legally binding contracts, including arbitration agreements that adopt alternative means of resolving disputes by standard court litigation.
The creation of the law itself can be influenced by the constitution, written or tacit, and the rights encoded in it. Law shapes politics, economics, history, and society in various ways and serves as a mediator of human relations.
The legal system varies by country. In civil law jurisdictions, the legislature or other central body codifies and consolidates the law.
Historically, religious law influenced secular matters, and is still used in some religious communities. Sharia law based on Islamic principles is used as the main legal system in several countries, including Iran and Saudi Arabia. The following is the definition of law according to some experts:
Aristotle was a philosopher who came from Greece. The Aristotle divides the law into two, certain laws and universal laws. Certain laws are rules that define and prohibit certain actions. Universal law is a natural law, it has its own rules and directions.
2. Ernst Utrecht
Ernst Utrecht is a legal expert from Indonesia. According to him, the definition of law is a set of guidelines for life, in the form of orders or prohibitions aimed at regulating the order in society that must be obeyed by the community. If the community violates the rules that have been set, then the government or the community must take action.
3. Immanuel Kant
Immanuel Kant was a famous philosopher of the 18th century. According to Immanuel, humans will be moved to act under the law, and that is an authoritative standard that is emotionally binding.
Humans can act according to their own will but not against the prevailing morals in their environment. According to Immanuel, the law is a condition that as a whole has free will to be able to adjust and follow the rules.
4. Mochtar Kusumaatmadja
Mochtar Kusumaatmadja views law as a tool for all kinds of change processes that exist in society. In addition, according to him, law is a tool to protect, maintain and bring order to society. Law according to Mochtar law is a rule and principle that is useful in regulating public relations made with justice.
5. Thomas Hobbes
Thomas Hobbes was an English philosopher who thought that law was a formal glue tool, useful in uniting a society that was initially disorganized. According to his view, law is a rule that controls people’s lives either by force or by command and is made by the parties in power within the community.
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6. Hans Kelsen
Hans Kelsen, an Austrian jurist and philosopher. He was an initiator that law is a pure legal theory. Hans argues that law is a norm that contains the conditions and consequences of certain actions.
The consequences of violating the law can be in the form of threats of sanctions from the authorities in the community. The absence of a clear legal definition is actually an obstacle for those who want to study law. Indeed, for ordinary people the understanding of the law itself is not very important.
According to the community, what is more important is how the law is enforced and the legal protection provided to them. There are many fields of law, ranging from criminal, civil, procedural, state administration, international law, customary law, to environmental law.
So that’s a little explanation about law and firms. Hopefully this article can provide additional knowledge for you, especially if you want to study law majoring.