REGISTRATION LEGALITY OF DEED OF ESTABLISHMENT THROUGH SYSTEM ADMINISTRATION OF ENTERPRISE (THE ANALYSIS OF MINISTRY OF LAW AND HUMAN RIGHTS REGULATION NO. 17 OF 2018)

Abstract

The paper examines the position problem of the Ministry of Law and Human Rights
Regulation No. 17 of 2018 in the official hierarchy of Indonesian legislation. On a theoretical
level, this research can contribute thoughts on the binding power of a rule in the hierarchy of
legislation. Based on article 23 on Wetboek van Koophandel voor Indonesie, company
registration of the deed of establishment is carried out at district court registrar where the
company is established since the Ministry of Law and Human Rights issue Regulation No. 17
of 2018 regarding The Registration of Limited Partnership, Firma Partnership, and Civil
Partnership is carried out at the Ministry of Law and Human Rights. This paper uses
normative juridical legal research, with the principles of the law approach and statute
approach. Based on Article I regarding Transitional Rules of the 1945 Constitution of the
Republic of Indonesia, the position of Wetboek van Koophandel voor Indonesie is still a law,
which is reinforced by Article 7 paragraph (1) of Law No. 12 of 2011. Based on the principle
of "lex superior derogat legi inferior", the one who remains authorized to accept the
registration deed of establishment Limited Partnership, Firma Partnership, and Civil
Partnership is the district court registrar. Furthermore, it is not appropriate "Civil Partnership
is defined as a partnership that runs the profession...”. It is because Civil Partnership Because
civil partnership runs businesses and looks for profit, whereas a profession is a job that
provides skills services by receiving wages. The government must issues regulation regarding
Individual Enterprise and Enterprise which is conceived in 2003 and finally in 2013 with the
issue of the "Academic Draft Bill on Civil Partnership, Firma Partnership, and Joint

Partnership".