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| Jenis | : |
KKM
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| Judul | : |
PENERAPAN PRINSIP KEHATI-HATIAN NOTARIS TERHADAP PELAKSANAAN JABATAN NOTARIS DALAM PEMBUATAN AKTA PENDIRIAN PERSEROAN TERBATAS DALAM BENTUK PENANAMAN MODAL ASING
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| Subjek | : |
Lawyers
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| Pengarang | : |
AYU ZIHAN NABILLAH
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| Pembimbing | : |
Sulistyandari,
Rahadi Wasi Bintoro
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| Prodi | : |
ILMU HUKUM S2
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| Tahun | : |
2024
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| Call Number | : |
346.002 3 NAB p
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Notaries as public officials have the authority to make authentic deeds. One of the
deeds made by a Notary is the Deed of Establishment of a Limited Liability Company. In
making the Deed of Establishment of a Limited Liability Company, the Notary must be
based on the principle of prudence. The problems raised in this research, First, how to
apply the Notary's principle of prudence to the implementation of the Notary's position in
making the deed of establishment of a limited liability company in the form of foreign
investment. Second, what is the legal position of the Notary in the Denpasar District Court
Decision Number: 485/Pdt.G/2015/PN.Dps who is positioned as a Co-Defendant.
The research method used in this research is juridical-normative. The approach
methods used in this research are the statutory approach, case approach and conceptual
approach. The specifications in this research are prescriptive. The source and type of data
used in this research is secondary data, which is divided into primary legal materials and
secondary legal materials. The data analysis method was carried out normatively
qualitatively.
The research results show that the IPC Notary did not apply the principle of
prudence in making the Deed of Establishment of a Limited Liability Company because
PT. The MA was formed in the form of foreign investment, but was formed in the form of
domestic investment, this is contrary to Article 16 paragraph (1) letter a of the Notary
Position Law and Article 1 point (3) of the Investment Law. Legal Position of IPC Notary
in Denpasar District Court Decision Number: 485/Pdt.G/2015/PN.Dps, Denpasar High
Court Decision Number: 115/Pdt/2016/PT.Dps, Cassation Level Court Decision in
Supreme Court Decision Number: 1068 /K/Pdt/2017, and Judicial Review Decision on
Supreme Court Decision Number: 181/PK/Pdt/2019 as Co-Defendant is incorrect, because
based on the analysis, the IPC Notary is proven to have committed an unlawful act which
is in conflict with the legal obligations of the the perpetrator, namely being careless,
thorough and inappropriate in applying legal rules relating to the implementation of the
duties of a Notary position based on the Notary Position Law, and also in applying legal
rules relating to the contents of the deed, which includes Article 16 paragraph (1) letter a
Notary Position Law, Article 7 paragraph (1) of the Limited Liability Company Law, and
Article 1 paragraph (3) of the Investment Law. Therefore, an IPC Notary who is proven to
have committed an unlawful act should be positioned as a Defendant, not as a Co-
Defendant.
Keywords: Principles of Notary Prudence, Legal Status, Deed of Establishment of Limited
Liability Companies
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