Shallman Shallman
Universitas Islam Sultan Agung

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A Juridical Analysis of Notarial Liability for The Deed of Establishment of a Limited Liability Company Dissolved by Court Decision Rivia Widhowati Mayangsari; Shallman Shallman
Advances In Social Humanities Research Vol. 4 No. 9 (2026): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v4i9.670

Abstract

The deed of establishment of a Limited Liability Company (LLC) is an authentic deed prepared by a notary as the legal basis for the establishment of a legal entity. In practice, certain companies may be dissolved based on court decisions. This study aimed to analyze the legal considerations underlying corporate dissolution and the limits of a notary’s liability for the deed of establishment of an LLC dissolved pursuant to a court decision. This research employed a normative juridical method using a statutory approach and a case approach. The data used in this study consisted of secondary data obtained through library research. The legal materials included statutory regulations, legal literature, and relevant court decisions. The results showed that the dissolution of a company based on a court decision did not automatically invalidate or nullify the deed of establishment. The legal considerations in Decision Number 2183 K/Pdt/2025 emphasized violations of law in the company’s operational activities rather than formal or material defects in the preparation of the deed of establishment. The ruling only ordered dissolution and liquidation without declaring the deed invalid. A notary’s liability was limited to the formal and procedural aspects of preparing the deed in accordance with applicable statutory regulations. A notary could not be held liable for the dissolution of a company as long as there was no error or negligence in the preparation of the deed.