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All Journal PALAR : Pakuan Law Review
Sunardi
Islamic University of Malang, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Role Of Notaries In The Process Of Establishing A Limited Liability Company Legal Entity In Indonesia Muhammad Arief Rakhman Hakim; Abdul Rokhim; Sunardi
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.120

Abstract

The development of economic globalization requires legal certainty in the establishment of business entities, especially Limited Liability Companies (PT), which makes the role of notaries increasingly strategic in ensuring legality and transparency. The problem in this study is how the authority, responsibility, and role of notaries in the process of establishing a Limited Liability Company based on laws and regulations, as well as their implications for the principles of transparency and legal certainty. The purpose of this research is to analyze in depth the authority, responsibility, and role of notaries in the establishment of a PT, especially in relation to the identification of beneficial owners and the preparation of the Articles of Association. This type of research is a normative legal research that is descriptive-analytical, using secondary data obtained through library research, and analyzed qualitatively with a legislative and conceptual approach. The results of the study show that the authority of notaries has developed from an administrative function to a preventive function in ensuring legal transparency. The notary's responsibilities are not only limited to formal truthfulness, but also face expansion due to the obligation to identify beneficial owners, which raises potential conflicts with the principle of office secrecy. In addition, notaries have a strategic role in the preparation of the Articles of Association as legal drafters and advisors. Thus, notaries play an important role in supporting legal certainty and good corporate governance in Indonesia. Keywords: Notary; Limited Liability Companies; Notary Authority; Notary Responsibility; Beneficial Owners.
Underground Management In Agrarian Law Reform In Indonesia Yayan Dimas Ageng; Misranto; Sunardi
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.121

Abstract

This study aims to analyze the regulation of management and basement use permits in agrarian law reform in Indonesia, examine their conformity with the principles of national agrarian law, and identify the legal consequences arising from their use. The main problem lies in the lack of a comprehensive and integrated regulation regarding the basement as a legal object, thus causing legal uncertainty and potential disputes. The type of research used is normative legal research with an analytical descriptive approach, using secondary data through literature studies and qualitatively analyzed. The results of the study show that the regulation of basements is still oriented to the concept of two-dimensional in agrarian law, so it has not been able to accommodate the development of the use of three-dimensional space. In addition, there is no harmonization with the principles of social function, justice, and legal certainty, as well as the weak fragmented licensing system, causing various legal consequences both civilly, administratively, and environmentally. Therefore, agrarian law reform is needed that recognizes the basement as a separate legal object and builds an integrated licensing system to ensure legal certainty and sustainable development. Keywords: Basement, Agrarian Law, Legal Certainty, Integrated Licensing, Legal Reform.
Co-Authors Abdul Rokhim Misranto Muhammad Arief Rakhman Hakim Yayan Dimas Ageng