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Shallman, Shallman
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Kedudukan dan Pertanggungjawaban Notaris dalam Pembuatan Akta Perseroan Terbatas Menurut Hukum Perdata Andrean, Doni Wahyu; Mahfud, Muhammad Afif; Shallman, Shallman
Notarius Vol 18, No 4 (2025): Notarius
Publisher : Program Studi Magister Kenotariatan, Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/nts.v18i4.73507

Abstract

ABSTRACTThis study examines the position and responsibility of notaries in drafting deeds of limited liability companies, aiming to identify these roles from a civil law perspective. The research applies a normative juridical method that focuses on analyzing legal norms regulating the duties of notaries. The results indicate that the notary’s position in preparing a partij deed differs significantly from creating a relaas deed, as each carries distinct responsibilities. In a partij deed, the notary mainly records and formalizes the intentions of the parties involved. Meanwhile, in a relaas deed, the notary is obliged to safeguard the deed, ensure authenticity, confirm the accuracy of the date, and issue grossen, copies, and excerpts in accordance with legal provisions.Keywords: Notary Responsibility; Limited Liability CompanyABSTRAKPenelitian ini membahas mengenai kedudukan dan tanggungjawab notaris dalam pembuatan akta perseroan terbatas. Tujuan dari penelitian ini adalah mengetahui kedudukan dan tanggung jawab notaris dalam pembuatan akta perseroan terbatas ditinjau dari hukum perdata. Metode penelitian ini adalah yuridis normatif. Berdasarkan hasil penelitian, kedudukan notaris dalam pembuatan akta pernyataan keputusan partij berbeda dengan posisinya ketika membuat akta relaas. Perbedaan kedudukan tersebut timbul sebagai akibat dari perbedaan tanggung jawab yang melekat pada masing-masing akta. Pembuatan akta partij oleh Notaris dilakukan dengan menuangkan kehendak para pihak kedalam bentuk akta, sedangkan akta relaas kedudukan notaris sebagai menyimpan akta, menjamin keotentikan tanggal pembuatnya, serta menyediakan grosse, salinan dan kutipan akta sesuai dengan ketentuan hukum.Kata Kunci: Pertanggung Jawaban Notaris;  Akta Perseroan Terbatas
Legal Force of Auction Minutes Using Deed of Command Against Credit Guarantees at PT BPR LSE Manggala Batam Which Is Controlled by a Third Party Angraini, Rina; Shallman, Shallman
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to determine and analyze the legal force of auction minutes using a deed of command against credit guarantees at PT BPR LSE Manggala Batam which are controlled by third parties and to determine and analyzeThe obstacles and constraints faced by PT BPR LSE Manggala in implementing auctions using deed of command against credit collateral controlled by third parties and to find out examples of deed of command. The research method used in this thesis is an empirical approach method. The specifications of this research use descriptive. The type of data used in this study is primary data which includes Law Number 5 of 1960, Law Number 4 of 1996, Law Number 10 of 1998, Law Number 2 of 2014, Civil Code, Regulation of the Minister of Finance of the Republic of Indonesia Number 122 of 2023, Regulation of the Minister of Finance of the Republic of Indonesia Number 86 of 2024 and related regulations regarding auctions and banking collateral.and secondary data consisting of books and other supporting documents. Research data collection using interview techniques and document or library material studies.The data analysis method used in analyzing the data is qualitative analysis. The results of the study can be formulated that there are stages in the process of resolving problematic loans by PT BPR LSE Manggala until the collateral is taken over (AYDA) from a third party and the sale is carried out. The implementation of the auction is contained in the Auction Minutes which contain temporary purchases by the bank with a De Command Deed. The auction minutes and the de command deed as authentic deeds have perfect legal force for the parties involved in the auction and the actual buyer who will be appointed by the bank. Obstacles and constraints in the form of internal and external factors include costs, administrative requirements, third parties who do not want to vacate the collateral, debtors who delay the execution time and the uncertain time period for each administration process while the collateral must be sold within 1 (one) year if it passes then the bank is declared the actual buyer.
Legal Force of Under-Hand Deeds Legalized by a Notary Setiadinanti, Syakina; Shallman, Shallman
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the comparative legal force between private deeds legalized by a notary and those not legalized, and to examine the responsibilities and legal protections for notaries in this process. Notaries, as public officials, have important authority to provide legal certainty by verifying signatures and confirming the legalization date on private deeds. The approach used in this research is a statute approach. This type of research is normative. The data used in this study are secondary data obtained through literature review and supported by information from a notary in Tegal. The research concludes: 1) A legalized deed has a stronger position because the notary guarantees that the signature is authentic and the date of its creation is certain. However, this legalization does not change the status of a private deed into an authentic deed, but can strengthen the evidentiary value of the deed if a dispute arises in the future. 2) The notary's responsibility in legalizing a private deed is limited to formal aspects, namely ensuring the accuracy of the signature, the identity of the parties, and the certainty of the date, not to the contents of the agreement. A notary can be held accountable if in carrying out his duties there is negligence or violation of applicable provisions. However, as long as the notary carries out his authority in accordance with laws and regulations and the code of ethics, the notary obtains legal protection, including through the role of the Notary Honorary Council which regulates the procedure for summoning a notary in legal proceedings.
Legal Responsibility of Notaries for Lawsuits Arising from Parties in Ship Sale and Purchase Contracts Akbar, Muhammad; Witasari, Aryani; Shallman, Shallman
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notaries as public officials have the authority to make authentic deeds that serve to provide certainty, order, and legal protection for the parties. Notarial deeds are the basis for the relationship between the parties in making contracts, but lawsuits often arise from the parties due to disputes originating from the deed or the process of making the deed, thus giving rise to issues regarding the notary's legal responsibility. This study aims to analyze the form of notary legal responsibility for the emergence of lawsuits from the parties in ship sale and purchase contracts according to the provisions of law and legislation in Indonesia and the form of legal protection for parties who are harmed due to errors or negligence of the notary in making ship sale and purchase contracts. The research method used is normative legal research with a statutory regulatory approach and a conceptual approach. The data used consists of primary, secondary, and tertiary legal materials analyzed qualitatively. The results of the study show that notaries can be held responsible in civil, administrative and criminal matters in ship sale and purchase contracts depending on the existence of elements of error, negligence or violation of the provisions of laws and regulations, in particular the Civil Code, the Notary Law, Law Number 17 of 2008 concerning Shipping and Regulation of the Minister of Transportation Number 39 of 2017 concerning Registration and Nationality of Ships. Parties who are harmed in a ship sale and purchase contract can obtain legal protection and dispute resolution efforts through litigation, namely filing a lawsuit against a notary in court, and non-litigation channels by conducting negotiations, mediation between the notary and the harmed party, and examinations through the Notary Supervisory Board.
Legal Force of Under-Hand Deeds Legalized by a Notary Setiadinanti, Syakina; Shallman, Shallman; Laksana, Andri Winjaya
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the comparative legal force between private deeds legalized by a notary and those not legalized, and to examine the responsibilities and legal protections for notaries in this process. Notaries, as public officials, have important authority to provide legal certainty by verifying signatures and confirming the legalization date on private deeds. The approach used in this research is a statute approach. This type of research is normative. The data used in this study are secondary data obtained through literature review and supported by information from a notary in Tegal. The research concludes: 1) A legalized deed has a stronger position because the notary guarantees that the signature is authentic and the date of its creation is certain. However, this legalization does not change the status of a private deed into an authentic deed, but can strengthen the evidentiary value of the deed if a dispute arises in the future. 2) The notary's responsibility in legalizing a private deed is limited to formal aspects, namely ensuring the accuracy of the signature, the identity of the parties, and the certainty of the date, not to the contents of the agreement. A notary can be held accountable if in carrying out his duties there is negligence or violation of applicable provisions. However, as long as the notary carries out his authority in accordance with laws and regulations and the code of ethics, the notary obtains legal protection, including through the role of the Notary Honorary Council which regulates the procedure for summoning a notary in legal proceedings.
Legal Certainty Regarding Covernotes Issued by Notaries as Temporary Guarantees for Creditors in Banking Practices Dwi Arepa, Nola; Shallman, Shallman; Arpangi, Arpangi
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to comprehensively analyze the legal status of covernotes issued by Notaries in banking practices and the forms of legal liability in the event of negligence that results in losses for creditors. This issue is relevant because in the practice of credit disbursement, especially loans secured by mortgage rights, covernotes are often used as administrative basis before the binding and registration process of the collateral is fully completed. However, normatively, there are no explicit regulations regarding covernotes in the provisions of Law Number 2 of 2014 concerning the Position of Notaries or in the legal regime of material collateral. This research uses a normative juridical method with a statutory and conceptual approach, analyzed qualitatively through a literature review of primary, secondary, and tertiary legal materials. The analysis was conducted by examining the principle of legal certainty, the principle of prudence in banking, and the theory of legal responsibility. The research results show that the covernote is not an authentic deed as defined in the Notary Law, because it does not fulfill the formal requirements as a deed made by or before a public official in a form prescribed by law. The covernote is also not an agreement that creates a new legal relationship, but rather an administrative statement that essentially only contains information regarding an ongoing process. Therefore, the covernote does not have perfect evidentiary power or executorial power like a mortgage certificate. However, in banking practice, covernotes are often used as the basis for credit disbursement due to efficiency and business needs. This situation has the potential to create legal uncertainty if there is a failure to complete the binding or registration of collateral. In the event of losses due to a notary's negligence, legal liability can be sought in the form of civil liability based on breach of contract or unlawful acts, administrative liability through the notary's job oversight mechanism, and ethical liability in accordance with the professional code of ethics. Therefore, it is necessary to clarify the limitations of the function and position of covernotes to ensure legal certainty and balanced protection for all parties in banking practice.
Co-Authors Andrean, Doni Wahyu Andri Winjaya Laksana, Andri Winjaya Angraini, Rina Arpangi Arpangi, Arpangi Aryani Witasari Bambang Tri Bawono Dwi Arepa, Nola Kurnianto, Baputera Kurniati, Novita Kusuma Putra, Erico Setyawan Mahfud, Muhammad Afif Maryudanto, Septian Mahar Muhammad Akbar Partini Partini, Partini Pratiwi, Carika Dian Rahmadina, Farah Dania Rahmatillah, Ananta Mega Rodli, Achmad Salis, Lismi Setiadinanti, Syakina