Governments Legal Responsibility Upon Entrepreneurs Economic Loss Caused by the Failure in Implementing the Legislation Regarding Business Licensing and Registration
DOI:
https://doi.org/10.26740/jsh.v1n2.p186-198Keywords:
government’s legal responsibility, entrepreneur’s economic loss, legislation, business licensing and registrationAbstract
The Regulation of Minister of Trade No. 14 Year 2016 (Permendag 14/2016) Regarding Trading Business License (SIUP) and Company Registration ID (TDP) states that SIUP and TDP should be issued no longer than 2 working days. However, This regulation failed to be implemented by Regional Government of Kabupaten Bekasi when PT. EIM managed their SIUP and TDP in five working days. It caused economic losses for PT. EIM because they need the documents as a requirement to earn training project worthed Rp. 50.000.000. This research tried to examine the governments responsibility upon entrepreneurs economic loss caused by the failure in implementing the legislation regarding Business Licensing and Registration. The methodology used in this research is Normative-Empirical Legal Research. Normative-Empirical Legal Research is a research which the object including the legislation (in abstracto) and its implementation at the concrete situation. The Result showed that the economic loss gained by PT. EIM is the responsibility of Regional Government of Kabupaten Bekasi since their failure to issue SIUP and TDP on time is a tort. As result, every party committed to tort have to pay compensation. Form of the compensation consists of material and immaterial compensation. To apply the compensation, PT. EIM could follow the non-litigation and litigation procedures.
References
References
A. Books
Assidiqie, Jimly dan M. Ali Syafaat. (2006) .Teori Hans Kelsen Tentang Hukum. Jakarta: Sekjen Mahkamah Konstitusi.
Bianco, William A. (2007). Claims Resources. San Francisco: URS Corporation.
Djojodirjo, M.A. Moegni. (1982). Perbuatan melawan hukum. Jakarta: Pradnya Paramitha.
Muhammad, Abdulkadir. (2004). Hukum dan Penelitian Hukum.PT. Citra Aditya Bakti
Patik, Purwahid. (1994), Dasar-Dasar Hukum Perikatan, Bandung: Mandar Maju.
Riawan. (2009). Hukum Pemerintahan Daerah. Bandung: Citra Aditya Bakti.
Sidabalok, Janus. (2012). Hukum Perusahaan. Bandung: Nuansa Aulia.
Widijowati, Dijan. (2012). Hukum Dagang. Yogyakarta: Andi.
A. Legislation
Law no 5 Year 1999 Concern on The Ban on Monopolistic Practices and Unfair Business Competition
The Regulation of The Minister of Trade No 14 Tahun 2016 Concern on The Issuence of SIUP and TDP Simultaneously for Trading Company
Regulation of The Minister of Trade No. 36/M-DAG/PER/9/2007 Concern on Issuence of Trade License
Regulation of The Minister of Trade No. 36/M-DAG/PER/9/2007 Concern on Issuence of Trade License
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