Yuridis Dan Legal
Financial institutions, as borrowers, have set the conditions for legal certainty efforts, both preventive and countermeasures. The specified conditions must be met by more than one project. The analysis of the legal aspects is carried out in order to know if the company to be operated can meet the legal and licensing requirements in a region. The legal aspect of the business feasibility study is essential for potential creditors who provide credit assistance to potential debtors. This aspect is also important for potential investors who want to invest in a company. For business owners, the purpose of a legal analysis is to convince lenders or potential investors that their business does not deviate from applicable laws and regulations. Each legal entity must comply with the rules in force, either in the form of laws or regulations other than the drafting of the law, such as ministerial orders (Kepmen), decrees (SK) of the director general and regional regulations (Perda). With regard to the timetable for the implementation of activities, it is important to review the legal aspects of approving the implementation of a business project. Therefore, it is better to carefully and carefully analyze this legal aspect, looking for clear sources of information for the parties competent for the publication of the letters we want to seek. The assessment of the type of business entity is mandatory as part of the analysis of legal aspects. In Indonesia, there are the following forms of business units: All procedures related to licensing or other requirements must first be followed. The documents that need to be researched relate to validity, perfection and authenticity, including legal entities, permits, land legality and other evidence. By following the existing rules, the formal legal transaction or activity to be carried out becomes feasible.
In particular, the analysis of the legal aspects of a business feasibility study aims to analyze: Exemption from execution Land law for development based on the public interest should be based on procedures recommended on law and regulation, particularly in the context of the exemption from land law for development based on the public interest. One of the regulated laws is UUPA number 5 year 1960 as a regulated summit on land and as the main gate of human rights on land law, in addition to the many regulations related to the land law exemption for the realization of developments on the basis of public interest. In the context of the land requirement are closely linked by the legality of the ownership of pallets, which often poses problems in practice, especially in the processes of justly releasing land for development exercised based on the public interest, social law in a controlled country and the development of the author often use the mission of development for the public interest, who forget the means of well-being and social necessity. Therefore, the fact must be done in the right of exemption from land execution by consulting the general consensus between the land owners with the government, so that will be made by the applicant of the release of the land before the land is analyzed with the appropriate development creteria of Bappeda and invited as a landowner to seek the reasonable price without affecting the right owner of the land and then paid accordingly away from the land. Status kepemilikan tanah proyek harus jelas dengan menghubungi kantor Badan Pertahanan Nasional (BPN) di wilayah setempat. Therefore, an understanding of the legal requirements and investment permits for each region is very important. If all permits are still valid and permits that are not yet available must be completed first (at least basic permits). A legal entity is established on the basis of an agreement that carries out activities with a certain capital, in which the capital is divided into shares and meets the requirements of legislation, as well as regulations for its implementation. Find out if the promoter is also debtor of another bank. If this is the case, it is necessary to know whether there are other participations, such as the condemnation of loan payments, blank cheques or guarantees.
The place of exercise of the activity is not separated from town and country planning. Legal person composed of cooperative natural or legal persons on the basis of the cooperative principle. Constitution by a charter of incorporation upon receipt of the ratification of the Government and constituted by an assembly of at least twenty persons, provided that they are able to bring legal proceedings, accept the Foundation and fulfill their duties and rights as members. The field of activity of the project to be built must comply with the company`s articles of association. The nationality of the promoter must be known as it refers to the different arrangements between Indonesian citizens and foreigners regarding the establishment of a company. The legal requirements for each type of business may be different depending on the complexity of the business. The existence of regional autonomy means that legislation and authorisations vary from region to region. It is also necessary to know if the project implementer is involved in a legal action that may lead to a lawsuit or trial. If some facilities are preserved, check if the training has been validly followed.
It is about seeing the environment in which the project is located. Laws that are closely related to the economy or the business sector, namely the Law on Limited Liability Companies (PT) and on Consumer Protection. The government enacts laws and investment permits with the aim of maintaining public order as a whole. Communities near commercial sites are expected to reap more benefits than the negative impact of an investment. In addition, it is also necessary to pay attention to forecasts of the situation and condition of the project site in the future. Researchers can obtain information on this regional planning, for example by contacting the local government responsible for planning the area where the business project will be located. This is the discussion of legal aspects in a business feasibility study. I hope it will be helpful to you. The project site must be adapted to the regional plan established by the government. This is done to facilitate obtaining the necessary authorizations.
Inaccuracies in the analysis of legal aspects may be a vital problem in the future. An effort that had been declared feasible in all respects turned out to be the opposite. About this business unit, you can read it in more detail in the article Forms of business units in Indonesia. If the company does not have the necessary capital to carry out the project, borrowing from individuals or financial institutions is one of the alternatives to overcome the difficulties. To see the minimum wage standards set by local governments. If there are marital or parent-child relationships as individuals involved in a project or a business planner, it is necessary to know how they establish their real estate policy. The company is established by local regulations, the capital is held in whole or in part by a separate local government, except by other regulations or laws. The Chair is appointed by the Regional Director. The part that must be analyzed in relation to the business to be carried out is the following: the type of company that manages and is responsible for a project must be determined, since each type of business has its own characteristics.