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Journal : Journal of Innovation Research and Knowledge

PERTANGGUNGJAWABAN NOTARIS TERHADAP PEMBUATAN AKTA BERITA ACARA RAPAT UMUM PEMEGANG SAHAM YANG TIDAK MEMENUHI KUORUM KEHADIRAN Hamasah Ramadhani Hadid; Anriz Nazaruddin Halim; Amelia Nur Widyanti
Journal of Innovation Research and Knowledge Vol. 4 No. 11: April 2025
Publisher : Bajang Institute

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Abstract

This study aims to analyze the notary's responsibility for making a deed of minutes of the General Meeting of Shareholders (GMS) that does not meet the attendance quorum. This research uses a juridical-normative research method with a statute approach, analysis approach, and case approach. The data is analyzed qualitatively by reviewing applicable legal regulations and related court decisions. This research uses 2 (two) theories, namely the theory of Legal Effects according to Soeroso and the theory of Responsibility according to Hans Kelsen. The legal problems discussed in this thesis are how the legal consequences of the deed of Minutes of the General Meeting of Shareholders that does not meet the attendance quorum made by the Notary and how the notary's responsibility for making the deed of Minutes of the General Meeting of Shareholders that does not meet the attendance quorum.The results showed that the making of a deed of GMS minutes without fulfilling the attendance quorum can lead to legal uncertainty and potentially harm shareholders. In addition, notaries as public officials making deeds have an obligation to ensure that every deed made is in accordance with applicable legal provisions, as stipulated in the Notary Position Law. Therefore, a deeper understanding is needed for notaries in carrying out their duties, as well as increased supervision and legal counseling to ensure legal certainty and protection for shareholders and avoid potential disputes in the future. The difference with previous studies is that this study specifically discusses the notary's responsibility for making the deed of minutes of the GMS that does not meet the attendance quorum, while other studies discuss the role of notaries in the GMS.
TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PEMBUATAN AKTA JUAL BELI (AJB) YANG CACAT HUKUM DIKAITKAN PEMBERIAN SANKSI DALAM PELAKSANAAN JABATAN Pratiwi, Novita; Anriz Nazaruddin Halim; Yuliana Setiadi
Journal of Innovation Research and Knowledge Vol. 5 No. 4: September 2025
Publisher : Bajang Institute

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Abstract

The deed of sale and purchase (AJB) which is legally flawed due to PPAT negligence creates legal uncertainty (dassein), whereas the deed of sale and purchase (AJB) should guarantee legal protection and certainty over land rights (dassollen). This requires the enforcement of responsibility and the imposition of sanctions to maintain the integrity of the land system. This study raises two problems, namely (1) how the responsibility of the land deed officer (PPAT) to the deed of sale and purchase (AJB) containing legal defects associated with sanctions in the exercise of office and (2) how the legal certainty of the deed of sale and purchase (AJB) made by the land deed officer (PPAT) containing legal defects, using the theory of legal responsibility according to Hans Kelsen and The Theory of legal certainty according to Satjipto Rahardjo. The method used in this research is normative juridical research, especially Library Law research or secondary data with primary, secondary and tertiary sources of law. The research approaches used include legislative approaches, case studies, conceptual, and analytical methodologies. And the method of collecting such legal materials is carried out by identifying and inventorying positive law, journals and other sources of law. The method used in analyzing the material of grammatical laws and systematic interpretation. And legal construction using analogy construction method and Argumentum a Contrario. The result of this study is a defective deed of sale (AJB) creates uncertainty and reduces the strength of evidence. The Office of the land deed maker (PPAT) who is negligent can be held accountable. Legal protection aims to ensure people's rights through prevention (preventive) and repression (repressive).