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The Opinions of Legal Entities

According to Subekti in law, saying people (persoon) means the bearer of rights or subjects within the law.
Besides the people (humans), has appeared also in the participation of legal entities or associations who may also have rights and take legal actions as a human. Such bodies or associations, the legal entity named or recht-persoon, meaning that people who were created by law. (Subekti, 2001:21)



According Sudikno Mertokusumo:
Humans by law recognized as persons with rights and obligations, as the subject of law or as a person. In addition to the well known legal subjects that are not human so-called legal entity. Legal entity is an organization or group of people who have certain goals that can assume the rights and legal subjects kewajiban.Sebagai have rights and obligations, should also have the capacity to act alone in exercising rights and obligations. There are three groups that are not considered competent to act independently to those who are not old enough, they are placed under guardianship or supervision and wife are subject to the BW. (Mertokusumo, 2005)
L.J. van Appledorn have an objective view that the law can only provide the legal authority to men, because only men that can have subjective rights, meaning that the authority and obligation. (Appeldorn, 2004: 192)


According to Bambang Purnomo:
that the relationship between the nature of the offense and the legal interests protected, then that becomes the subject of the offense in general is human (naturijk een persoon). In the development of legislation the new criminal law was a legal entity (rechtspersoon) may also be liable to a determination of the action, and in the Penal Code there are provisions in Article 59 and Article 169 which determines the legal entity (association) as a subject which may be subject to criminal law, but Such was the impression that the human beings who co-directed association that is intended for convicted. (Poernomo, 1994:93)
From the opinion mentioned above is very clear that people are human beings who can exercise the rights and obligations as legal subjects and also there is a legal entity that is, those created by law.
Explanation of Article 50 Paragraph (1) Act - Act No. 41 of 1999 on Forestry, giving the notion of man. The meaning is the subject of law both denganorang individual, legal entity or business entity.
Act - Act No. 41 of 1999 on Forestry of the People gave the expansion again, in addition to individual, legal entity, the law adds another business entity.
The question arises in the opinion of legal experts on whether a business entity can be categorized as people in the law? Meanwhile, in the sense of these experts, the notion of people is 1) a human or person as the executor of the rights and obligations as legal subjects and 2) the agency or law-persoon recht ie those created by law. Where is the business entity? Whether in the corporation or the person as a human being?
Understanding people is a broad sense but if you look at the Explanation of Article 78 paragraph (14) Law - Law No. 41 of 1999 on Forestry, the narrowing definition is mentioned again because of legal entity or entities, including limited liability companies, limited partnership ( comanditer vennotschaap), firms, cooperatives and the like.
This explanation implies that the business entity is at the legal entity either jointly or alone, explaining that the legal entity or entities including limited liability companies, limited partnership (comanditer vennotschaap), firms, cooperatives and the like.
This article is a blanket explanation-norm as an example of a legal entity or business entity is a limited liability company, limited partnership (comanditer vennotschaap), firms, cooperatives and the like. In this explanation is not known where the legal entity and which business entity, because there is a business entity with legal status and also there is no legal status, and these entities as there are state-owned SOEs can also PT, Persero open, Perum as well as business entities whose capital is wholly owned by private law generally shaped like the PT, CV.
Foreign Currency Translation "and the like" from the explanation becomes clear that article mean, what kind it is the foundation or business enterprise or legal entity that will be formed later in the future.
When we see a legal entity according to Ali Rido has elements:
a. existence of separate property;
b. a particular purpose;
c. the existence of its own interests;
d. the regular organization. (Rido, 1977:56)
Company Limited by Law No. 1 of 1995 Article 1 paragraph (1) are: Limited Liability Company, hereinafter called the corporation incorporated under the laws adalahbadan agreements, conduct business activities with a total authorized capital divided into shares, and satisfy the requirements set out in legislation This Act and its implementing regulations.
In this article clearly stated that the Limited Company is a legal entity.
Limited partnership (comanditer vennotschaap) or Guild Commanditaire or often called a CV is set in Article 19 to 21 KUHD (Book of Law Commercial Law). Definition of CV is a company founded by one person or more with one or more of the other person as a limited partnership moneylenders or allies. The legal status of CV is not a legal entity according to Commercial code, how to set it up legally sufficient orally but in practice always made notaries deed that serves as an evidence of CV.
Eggens opinion quoted Ali Rido Company declared an outright partnership as a corporation and firm, the Company also Commanditaire is a legal and naturally have their own separate property. (Rido, 1977:106)
The firm is set in Article 15 to 35 KUHD (Book of Law Commercial Law). Understanding of each firm is a civil partnership which was established to run the company together with the name or firm. Ali rido stated Firm legal status according to some legal scholars who consider the opinion of the Company's firm is not a legal entity and vice versa Eggens rido quoted from the opinion that the limited company is a legal firm. (Rido, 1977:80) than that of lawyers generally argue, that the legislation does not provide legal status for the company's firm (Rido, 1977:89)
Cooperative governed by Law No. 25 of 1992 concerning Cooperatives. In Article 1 paragraph (1) mentioned Cooperative is a business entity consisting of persons or legal entities with the bases of cooperative activities based on the principle of cooperation as well as a popular economic movement is based on the principle of the family.
In Article 9 referred to the cooperative to obtain legal status after the deed of establishment was passed by the government.
Cooperatives are a legal entity and will obtain legal status after the deed of establishment was passed by the government.
From writing a brief exposition above, it is good there is a clear explanation about the intent of the person, corporation or business entity and because of this confusion can make a difference in the perception of each person about the intent of the Act No. 41 of 1999 on Forestry to whom the subject of threats of criminal offenses stipulated in Law No. 41 of 1999 on forestry with the subject offense and understanding of people in the law.

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