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All Journal Journal of Law, Poliitic and Humanities Edunity: Kajian Ilmu Sosial dan Pendidikan
Farma Rahayu , Mella Ismelina
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Humanities Computer Science & IT Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Implications of Unlawful Actions by Directors Using the Name of a Limited Liability Company Without Going Through a GMS in Carrying Out Personal Debt Borrowings Dwi Andika , Dery; Farma Rahayu , Mella Ismelina
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.413

Abstract

This article is entitled Implications of unlawful acts by directors who use the name of a limited liability company without going through a GMS using normative juridical research methods, with a statute approach and a conceptual approach. The results of the analysis are the implications of unlawful actions by directors who use the name of a limited liability company without going through a GMS in borrowing personal debts, which do not provide binding legal force in terms of collection from the Limited Liability Company, because the conditions for the validity of the agreement are something that is halal or does not conflict with the law. The invitation was not fulfilled, because in the regulations it is stated that carrying out important policies and steps for a company requires making a request for the EGMS to be implemented. However, the debt and receivables agreement remains personally binding on the directors who incur the debt
Legal Protection of Notary/PPAT in Making Deeds Based on Fake Information (Case Study of Decision Number: 73/PDT.G/2012/PN.PL) Riani Putri , Khairunnisa; Farma Rahayu , Mella Ismelina
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 6 (2023): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v2i6.101

Abstract

A Notary is a public official who is authorized to perform certain legal formalities, especially to draw up or certify contracts, deeds, and other documents for use in other jurisdictions. The Land Deed Making Officer or PPAT is a public official who is authorized to make certain deeds related to land belonging to Flats Units. The Notary/PPAT is responsible for upholding integrity and morals. Legal protection and guarantees for the Notary/PPAT are needed for the implementation of the legal service function. Protection is needed to protect Notaries/PPATs who have carried out deed-making activities carefully and professionally in accordance with legal provisions and statutory regulations. Notaries/PPATs often receive false information or documents from parties, so Notaries/PPATs are suspected of being involved in criminal or civil cases. The purpose of this study is to examine the legal provisions for the protection of the position of Notary/PPAT in making Deeds based on False Statements (Case Study of Decision Number 73/PDT.G/2012/PN.PL). The research method uses a normative legal approach with qualitative descriptive data analysis. The results of the study show that Notaries/PPATs have the right to obtain legal protection in order to create legal certainty as public officials whose function is to provide services to the public. Notary/PPAT is not responsible in terms of fraud and mistakes made by the parties. The Notary/PPAT is only in charge of recording what is conveyed by the parties to be further stated in the deed or party. The legal protection provided by the state with regulations or legal rules is considered optimal in protecting Notaries/PPATs.
Co-Authors Dwi Andika , Dery Riani Putri , Khairunnisa