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All Journal Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Gultom, Elisatris
Master of Notarial Law, Padjadjaran University
Religion Law, Crime, Criminology & Criminal Justice

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The Role and Authority of Notaries in Ensuring the Legality of the Establishment of Village-Owned Enterprises (BUMDes) in Accordance with Government Regulation No. 11 of 2021 Wiyati, Khadijah Ongtien Wahyuning; Sudirman, Hanifa; Pamungkas, Bayu Tri; Sanjaya, Alya Afiffa Raihana Nissa; Gultom, Elisatris
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.24162

Abstract

This study examines the role and authority of notaries in ensuring the legality of establishing Village-Owned Enterprises (BUMDes) in accordance with the provisions of Government Regulation No. 11 of 2021. BUMDes, as an economic entity established by villages, plays a crucial role in improving the welfare of the village community. However, many BUMDes lack legal entity status, leading to unclear legal accountability and potential legal issues in managing village assets. This research employs a normative juridical method with a legislative approach to analyze the role of notaries in creating establishment deeds and the legal entity confirmation of BUMDes. The study findings indicate that notaries play a critical role in guaranteeing legal certainty and accountability in BUMDes management, as well as protecting the village assets being managed. The research also identifies challenges in the implementation of this regulation and provides recommendations to strengthen collaboration between notaries and village governments.
Legal Construction of Foundations as Parent Companies to Limited Liability Companies (LLCs) in the Perspective of the Foundation Law and the Limited Liability Company Law Shafiya, Tiara Alvyya; Naibaho, Cecilya Regnawaty; Nahdi, Nazir Saleh; Gultom, Elisatris
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.24196

Abstract

A foundation, as a legal entity aimed at social, religious, and humanitarian purposes, often faces legal issues when establishing or controlling a Limited Liability Company (LLC) to support its social activities. This study aims to examine the legal relationship between a foundation as the parent company and the LLC as the subsidiary, based on the provisions in the Foundation Law and the Limited Liability Company Law. The research also analyzes the legal consequences arising if one of the entities incurs losses, whether the foundation or the LLC. The results show that although a foundation can establish an LLC, deviations occur in practice, such as the concurrent roles of foundation managers in the LLC, leading to conflicts of interest and misuse of funds. The case of the Aksi Cepat Tanggap (ACT) Foundation illustrates the importance of separating the foundation's social activities from the business interests of the LLC. Therefore, legal reform is needed to strengthen oversight, transparency, and accountability in the relationship between foundations and LLCs.
Co-Authors Nahdi, Nazir Saleh Naibaho, Cecilya Regnawaty Pamungkas, Bayu Tri Sanjaya, Alya Afiffa Raihana Nissa Shafiya, Tiara Alvyya Sudirman, Hanifa Wiyati, Khadijah Ongtien Wahyuning