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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Akta
Silaas Oghenemaro Emovwodo
Brunei Darussalam University
Law, Crime, Criminology & Criminal Justice

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Problematic of Implementation of Electronic GMS on Deeds Made by Notaries Absori Absori; Aidul Fitriciada Azhari; Kelik Wardiono; Syifa Rana Tsary; Silaas Oghenemaro Emovwodo
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1106

Abstract

The study reviewed the development of the digital era in the legal field, especially The Electronic General Meeting of Shareholders (GMS), which is ruled by law. The problem formulation was how the electronic GMS, according to positive law in Indonesia, and how the impact on the notarial deed related to its implementation. The method used by the researcher was normative and library study based on the primary material (legislation), secondary material (scientific works, journals, books, documents, and other literature), and tertiary legal materials (legal dictionaries). The study results were that E-GMS is effective today, then regulated in Art 77 UUPT and PJOK Number 16/Pojk.04/2020, so that the Limited Liability Company members can carry out the GMS as usual without being physically present to break the chain of the Covid-19 pandemic. Although the e-GMS arrangements have been regulated in the legislation, the lex specialist derogat lex generalist principle cannot be ignored; article 16 paragraph (1) letter (m) and Article 18 UUJN are still prioritized so that the electronic deed of the GMS cannot be carried out or will resulting in the legal force of the proof being a private deed.
The Problems of Implementation of Electronic GMS on the Making of Relaas Notary Deed Syifa Rana Tsary; Silaas Oghenemaro Emovwodo
JURNAL AKTA Vol 10, No 2 (2023): June 2023
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.v10i2.24897

Abstract

This study examines the development of the digitalization era in the legal field, especially the electronic General Meeting of Shareholders (GMS) regulated by law. The formulation of the research problem is how the electronic GMS according to positive law in Indonesia and how the impact on the notarial deed related to the implementation of the electronic GMS. The research method used is normative and literature study, based on primary legal materials (statutory regulations), secondary legal materials (scientific works, journals, books, documents and other literature), and tertiary legal materials (legal dictionaries). The results of this study are that the E-GMS has been legally enforced, because it is regulated in Article 77 of the Company Law and POJK Number 16/Pojk.04/2020, so that the organs of the Limited Liability Company can carry out the GMS as usual without being physically present in order to break the chain of the Covid-19 pandemic. Although the e-GMS arrangements have been clearly regulated in the legislation, the lex specialist derogat lex generalist principle cannot be ignored, Article 16 paragraph (1) letter (m) and Article 18 UUJN are still prioritized, so that the electronic deed of the GMS cannot be carried out or will resulting in the legal force of the proof being a private deed.
Co-Authors Absori Absori Aidul Fitriciada Azhari Kelik Wardiono Syifa Rana Tsary