SETIASA, Made
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Legal Protection of Shareholders in the Sale and Purchase of Limited Liability Companies Engaged in the Business of Coal Mining HELLANDA, Clara Vinky; SENASTRI, Ni Made Jaya; SETIASA, Made
Journal of Political And Legal Sovereignty Vol. 3 No. 2 (2025): Journal of Political And Legal Sovereignty (April – June 2025)-In Press
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v3i2.331

Abstract

Purpose:In the practice of the mining industry, the acquisition of ownership of mining assets is often done through an acquisition mechanism of a business entity that already has a Mining Business Licence (IUP). One of the commonly used methods is through the sale and purchase of a Limited Liability Company (PT) holding a coal IUP. Therefore, it is important to examine how the role of notaries in buying and selling Limited Liability Companies in businesses engaged in Coal mining and how legal protection of shareholders in the sale and purchase of PT in the field of Coal mining. The objectives of the research are general research objectives and specific research objectives.Methodology:This research is a type of normative legal research. The approach used in this research is a statutory approach and a conceptual approach. The data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materialsFindings: Based on the results of the research, it is known that notaries play an important role in the sale and purchase of PTs engaged in the coal mining business through the making of deeds. Authentic deeds made by notaries not only function as legally valid and strong written evidence, but also as instruments capable of minimising legal risks that may arise in the future. In addition, based on the results of the research, it is known that the legal protection of shareholders in the sale and purchase transaction of PT, especially those engaged in coal mining, consists of preventive and repressive protection.Implication This research has an impact on notaries to understand their role in buying and selling Limited Liability Companies in businesses engaged in Coal mining. In addition, it has an impact on shareholders to understand the legal protection that must be obtained in the sale and purchase transaction of PT in the field of Coal mining.
The Urgency of Notary Position in the Establishment of Startups in Indonesia KUSUMA, I Made Kristian Yuda; SUJANA, I Nyoman; SETIASA, Made
Journal of Political And Legal Sovereignty Vol. 3 No. 2 (2025): Journal of Political And Legal Sovereignty (April – June 2025)-In Press
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v3i2.339

Abstract

Purpose:This study aims to determine and analyze the normative authority of notaries in assisting the establishment of startups according to the Notary Law and to determine and analyze the role of notaries in guaranteeing the legality of documents and preventing internal conflicts.Methodology:The method used is a normative juridical approach with a study of laws and notarial practices. This research is classified as normative legal research. According to Peter Mahmud Marzuki, normative legal research is a process to find a legal rule that causes conflict, as in this research, namely in Article 1 Paragraph (1) of the PT Law does not include the term startup or explain the special characteristics of digital startup companies.Findings: The research results show that notaries play a strategic role in the startup legalization process, from verifying the parties' identities and drafting the deed of incorporation to drafting the founder's agreement. The absence of notary intervention at this early stage has the potential to create legal loopholes and corporate disputes. Therefore, strengthening the role of notaries through affirmative policies within the OSS system and increasing notaries' legal capacity in the digital sector is necessary.Implication This research is expected to have an impact on increasing legal certainty in the field of startup establishment in Indonesia, including in relation to strengthening the position and role of notaries.