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All Journal Awang Long Law Review JURNAL HUKUM dan KENOTARIATAN
Puspita, Lidya
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Protection of The Notary Position in Monitoring Beneficial Ownership to Prevent The Misuse of Issued Documents Puspita, Lidya; Sudirman, Maman; Djaja, Benny
Jurnal Hukum dan Kenotariatan Vol 8 No 3 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i3.22618

Abstract

A notary is a public official authorized to create authentic deeds and perform other actions in accordance with the law. Given the significant responsibilities they bear, notaries require legal protection while performing their duties, particularly in applying the Principle of Identifying the Ultimate Beneficial Owner of a legal entity. This protection is crucial for reducing legal risks and supporting the implementation of Presidential Regulation Number 13 of 2018, which aims to combat Money Laundering and Terrorism Financing. This paper analyzes issues related to the application of the Principle of Identifying the Ultimate Beneficial Owner by notaries, including the importance of applying this principle and how the Beneficial Ownership Declaration can protect notaries from legal claims. The study uses a normative juridical method with a comparative approach, concluding that the application of this principle is important for notaries. Position of Notary Act as gatekeepers who can help prevent or mitigate undesired risks by obtaining accurate information about the parties involved. However, the legal protection provided by the Beneficial Ownership Declaration is not entirely effective.
LEGAL PROTECTION OF MINORITY SHAREHOLDERS INTERESTS IN MERGER ACTIONS Puspita, Lidya; Gunadi, Ariawan
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1572

Abstract

partnership, distinguishing it from other business entities that emphasize personal relationships. This legal framework has made limited liability companies attractive to investors, particularly through strategic actions like mergers, which aim to enhance capital structure, competitiveness, and operational efficiency in a dynamic global economy. However, mergers often raise concerns about the protection of minority shareholders, who face potential marginalization due to the dominance of majority shareholders in decision-making processes. This study evaluates the effectiveness of legal protections for minority shareholders in merger actions under the Company Law, identifies gaps in implementation, and proposes policy recommendations to ensure equitable governance. Employing a normative legal research method, the study analyzes primary legal materials (legislation), secondary materials (scholarly literature), and tertiary sources (legal dictionaries). Findings reveal that while the Company Law provides preventive and repressive protections, such as the right to sell shares at a fair price (Article 62) and mandatory general meeting approvals, practical implementation often fails to address power imbalances. Minority shareholders frequently lack influence, and mechanisms like fair price determination are susceptible to manipulation. The study concludes that stronger oversight, enhanced transparency, and stricter enforcement are essential to safeguard minority shareholders’ rights, ensuring mergers align with principles of fairness and good corporate governance.
Co-Authors Ariawan Gunadi Djaja, Benny Sudirman, Maman