Claim Missing Document
Check
Articles

Found 2 Documents
Search

JURIDICAL ANALYSIS OF THE VALIDITY OF DEEDS READ WITHOUT THE PRESENCE OF A NOTARY IN NOTARIAL PRACTICE IN BATAM CITY Giofanny Marchellino Fransiscus Tulung; Erniyanti; Soerya Respationo; Markus Gunawan; Mania
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A notarial deed is an authentic deed that possesses full evidentiary power and serves to provide legal certainty for parties in a variety of civil legal relationships. The authenticity of a notarial deed is determined not only by the authority of the notary as a public official, but also by the fulfillment of formal and material requirements as regulated in the Civil Code and the Law on the Office of Notary. In notarial practice, indications still arise of deed readings conducted without the presence of the notary or delegated to notary office staff. Such conditions have the potential to give rise to issues concerning the validity of the deed, its evidentiary strength, and the legal responsibility of the notary. This study aims to analyze the legal provisions regarding the validity of deeds read aloud without the presence of a notary, examine their impact on notarial practice in Batam City, and identify the legal risks arising for the deed, the parties involved, and the notary. This study employs a normative-empirical legal research method with statutory, conceptual, and empirical approaches. Data were obtained through literature review, document study, and interviews with notaries, the Notary Supervisory Council, and relevant parties in Batam City. The data obtained were analyzed using qualitative juridical analysis. The research results show that the obligation of the notary to read out the deed directly in the presence of the appearing parties is a formal requirement that must be fulfilled in the creation of an authentic deed. Reading the deed without the notary’s presence may cause the deed to lose its authenticity, weaken its evidentiary strength, and create legal uncertainty for the parties. In addition, such practice poses risks of civil, administrative, ethical, and even criminal liability for the notary if it is proven to cause loss or is done intentionally. Therefore, enhanced supervision, notary compliance with the provisions of the Notary Position Law, and legal education for the public are needed to ensure legal certainty and safeguard the integrity of the notarial profession.
JURIDICAL ANALYSIS OF THE POSITION OF THE DEED OF ESTABLISHMENT OF A LIMITED LIABILITY COMPANY IN RELATION TO THE LEGALITY OF LEGAL ACTIONS OF A SHIPPING COMPANY (CASE STUDY OF PT BIAS DELTA PRATAMA) Hetti Sitorus; Erniyanti; Titik Aminah; Markus Gunawan; Mania
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The deed of establishment of a limited liability company is an authentic instrument recording the founders’ agreement and the articles of association, while legal-entity status arises upon ministerial approval. In the company’s subsequent development, the deed of establishment must be read together with amendments to the articles of association and deeds recording changes in company data. For PT Bias Delta Pratama, the empirical documents examined include the history of Deed of Establishment Number 183 dated 26 September 1992 and Deed Number 55 dated 28 February 2018, which records the minutes of an Extraordinary General Meeting of Shareholders and is therefore a subsequent corporate deed. This study analyzes the position of that documentary chain in determining the authority of the company’s organs and the binding effect of legal acts performed in the company’s name. This study employs a normative-empirical legal research method using the statute approach, conceptual approach, and empirical approach. The research data consists of primary data obtained through interviews with respondents and informants, as well as secondary data obtained through a literature study of legislation, books, journals, and relevant legal documents. The data are analyzed qualitatively through the processes of reduction, presentation, and conclusion drawing. The results show that the deed of establishment is the documentary basis for forming the company, whereas legal-entity status arises through ministerial approval. After incorporation, representative authority is determined by company law, the articles of association and their amendments, shareholders’ resolutions appointing directors, the recording of changes in company data, and valid powers of attorney. Deed Number 55 of 2018 is not the deed of establishment; it is a deed recording an Extraordinary General Meeting of Shareholders and is used to trace post-incorporation corporate decisions and data. At PT Bias Delta Pratama, internal operational titles do not automatically confer authority to represent the company. Accordingly, amendments to the articles or updates to company data must be made according to the legal nature of each change.