AKIBAT HUKUM RISALAH RAPAT UMUM PEMEGANG SAHAM YANG DIBUAT BUKAN DITEMPAT KEDUDUKAN NOTARIS

WIJAKSANA, KRESNA and Samawati, Putu (2024) AKIBAT HUKUM RISALAH RAPAT UMUM PEMEGANG SAHAM YANG DIBUAT BUKAN DITEMPAT KEDUDUKAN NOTARIS. Masters thesis, Sriwijaya University.

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Abstract

A Limited Liability Company is a form of business with legal entity in Indonesia. The establishment of a Limited Liability Company must be made by Notarial deed as well as changes to its Articles of Association. Based on Article 19 of the Company Law, changes to the Articles of Association are determined by the GMS. The GMS is held at the company’s domicile or at the place where the company carries out business activities. The deed of GMS Minutes drawn up outside the Notary’s jurisdiction has violated office regulations. This research formulates the problem of whether a notary has the authority to prepare GMS Minutes outside his/her area of office, as well as what are the legal consequences if the GMS Minutes are made outside the notary's area of office and what are the regulation regarding the role of notaries regarding GMS Minutes in the future. This research aims to find out what the role of the Notary is and the legal and regulatory consequences in the future in preparing GMS Minutes which are prepared outside the notary's area of office. This research is a type of Normative research using techniques for collecting library research materials which include primary legal materials, secondary legal materials, and tertiary legal materials. Next, it will be analyzed qualitatively using a statutory approach and a conceptual approach. The results of this thesis show that the GMS Minutes deed made outside the Notary's area of office has violated the existing regulations in the UUJN and the Notary’s code of ethics so that the legal consequences of the GMS Minutes deed made by the Notary become the strength of the proof of the private deed and cause losses to the parties involved make a deed to him. The Notary must ensure that the GMS process is carried out in accordance with applicable legal and regulatory requirements. Recommendations for this thesis indicate that the Indonesian Notary Association (INI) must strictly implement the rules that have been regulated in the Law and the Code of Ethics for the Position of Notaries in order to uphold the Notary's code of ethics and pay attention to the authority in which the position of the notary acts so that the Minutes of Meeting have been made without harming any party.

Item Type:	Thesis (Masters)
Uncontrolled Keywords:	Akibat Hukum; RUPS; Kedudukan Notaris
Subjects:	K Law > K Law (General) > K600-615 Private law K Law > K Law (General) > K840-917 Contracts K Law > K Law (General) > K85-89 Legal research
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Kresna Wijaksana
Date Deposited:	27 May 2024 05:18
Last Modified:	27 May 2024 05:18
URI:	http://repository.unsri.ac.id/id/eprint/145582

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