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All Journal Jurnal Akta Jurnal Penelitian
Letizia Dessy Andreassari
Universitas Brawijaya
Economics, Econometrics & Finance Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of the Disharmony of Regulations between the Obligation of Confidentiality of Notary Protocols and the Fulfillment of the Rights of Personal Data Subjects from the Perspective of the Notary Law and the Personal Data Protection Law Aria Roby Putra; Rika Kurniaty; Letizia Dessy Andreassari
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i2.52114

Abstract

The development of personal data protection regulations in Indonesia through Law Number 27 of 2022 concerning Personal Data Protection has legal consequences for various sectors that process personal data, including notarial practices. Notaries, as public officials authorized to make authentic deeds, have a legal obligation to maintain the confidentiality of notarial protocols as regulated in Article 16 paragraph (1) letters b and f of Law Number 2 of 2014 concerning the Position of Notary. On the other hand, Article 8 of the personal data protection law provides a number of rights to data subjects, such as the right to terminate processing, delete, and/or destroy personal data. The meeting between these two legal regulations has the potential to cause disharmony of norms, especially when the fulfillment of the rights of personal data subjects conflicts with the notary's obligation to maintain the confidentiality of notarial documents that are part of the notarial protocol. This study aims to analyze the legal implications of this disharmony of regulations and formulate a construction of harmonization of norms between the obligation to confidentiality of notarial protocols and the fulfillment of the rights of personal data subjects from a positive legal perspective in Indonesia. The research method used is normative legal research with a statutory and conceptual approach. The results of the study indicate that the disharmony between the two regulations creates potential conflicts of obligations for notaries in practice, particularly regarding granting access to or deleting personal data contained in authentic deeds. Harmonization of norms can be achieved through a systematic interpretation of both laws, the application of the principle of proportionality in limiting data subjects' rights, and strengthening standards for personal data management in notarial practice. This approach allows for a balance between protecting individual privacy rights and the legal certainty inherent in notarial documents as authentic evidence.
The Conformity of The Legal Concept of a Sole Shareholder Limited Liability Company With That of A Limited Liability Company as a Legal Entity Letizia Dessy Andreassari; Salmaa Puspita Sari
Jurnal Penelitian Vol. 22 No. 2 (2025): December 2025
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/jp.v22i2.16461

Abstract

This research is motivated by the current legal phenomenon with the Omnibus Law on Job Creation, which allows the establishment of Limited Liability Companies with only one person, known as a sole proprietorship (as referred to in this law). This company is formed by electronically filling out the required forms through the Ministry of Law and Human Rights (Article 13 of Minister of Law and Human Rights Regulation Number 21 of 2021 concerning the Requirements and Procedures for the Registration of Establishment, Changes, and Dissolution of Limited Liability Companies). In this context, the individual acts as the founder, shareholder, and concurrently as the director of the sole proprietorship. One of the main differences in the form of a company lies in the aspect of liability. In the legal context, both the Limited Liability Company as a sole proprietorship and the Limited Liability Company as a corporate legal entity are recognized as legal entities with rights and legal obligations. Therefore, the conformity of the legal concept of the Limited Liability Company as a sole proprietorship with the Limited Liability Company as a corporate legal entity depends on compliance with the requirements and legal provisions applicable to each form of the Limited Liability Company, taking into account the business and financial needs of the company owner. The two issues addressed in this research are the nature of the Limited Liability Company as a Legal Entity and the conformity of the legal concept of the Limited Liability Company as a sole proprietorship with the Limited Liability Company as a Corporate Legal Entity. In line with the focus and issues raised, this research employs a normative method that considers law as a normative system. The research relies on documents, primarily regulations in Civil Law, Commercial Law, and Law Number 40 of 2007 concerning Limited Liability Companies to explain and address the conformity of the legal concept of the Limited Liability Company as a sole proprietorship with the Limited Liability Company as a corporate legal entity.
Co-Authors Aria Roby Putra Rika Kurniaty Salmaa Puspita Sari