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All Journal Annals of Justice and Humanity
H.M. Soerya Respationo
Batam University, Batam, Kepulauan Riau, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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Juridical analysis of notaries' role in drafting and ratifying deeds of amendment to limited liability companies' articles of association for shareholders' legal certainty Dahliana Munthe; H.M. Soerya Respationo; Erniyanti Erniyanti
Annals of Justice and Humanity Vol. 4 No. 2 (2025): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i2.3412

Abstract

Purpose: This study aims to analyze the legal framework regulating the role of notaries in drafting and ratifying deeds of amendment to the Articles of Association of a Limited Liability Company (PT), to examine the implementation of this role from the perspective of legal certainty for shareholders, and to identify obstacles along with their legal solutions. Methodology: This study applies normative and empirical juridical methods through a statute and socio-legal approach. Data were gathered from literature and field research, including interviews with notaries and stakeholders, and qualitatively analyzed using theories of positive law, legal system, and legal certainty. Results: The findings indicate that the notary’s role in amendments to articles of association is legally regulated under UUJN, UUPT, and related implementing regulations. However, practical challenges remain, such as nonconformity of deeds with regulations, technical barriers in the SABH system, and insufficient transparency and participation of shareholders. Conclusion: Although the regulatory framework governing notarial authority is comprehensive, its implementation still encounters juridical, administrative, and substantive obstacles. This undermines the assurance of legal certainty for shareholders and highlights the need for reform in practice. Limitation: The study is limited by its reliance on qualitative interviews with selected notaries and stakeholders in specific regions, which may not fully represent diverse practices nationwide. Contribution: This research contributes to the development of corporate law by providing insights into harmonizing regulations, strengthening notarial capacity through training and legal technology, and promoting shareholder legal literacy to enhance legal certainty and minimize disputes.
Juridical analysis of legal certainty regarding the role of the Batam Business Entity and the Land Office in the land certificate transfer system in Batam City Lilis Suriyani; H.M. Soerya Respationo; Erniyanti Erniyanti
Annals of Justice and Humanity Vol. 4 No. 2 (2025): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i2.3416

Abstract

Purpose: This study aims to analyze the regulations, implementation, obstacles, and solutions related to legal certainty in the transfer of land certificate ownership in Batam City, where dual authority exists between the Batam Business Agency (BP Batam) and the Land Office. The research seeks to provide a comprehensive understanding of how institutional overlaps affect legal certainty for the public and business actors in a nationally strategic economic area. Methods: The study uses normative and empirical juridical approaches through statutory and sociological methods, collecting data from regulatory documents and interviews with BP Batam officials, land staff, and legal practitioners, analyzed under positive law, legal system, and legal certainty theories. Results: The findings reveal regulatory disharmony and institutional overlap between BP Batam and the Land Office that hinder legal certainty. Unintegrated administrative procedures, differences in information systems, and limited public awareness create delays and confusion in the transfer process. Conclusion: Legal certainty in Batam’s land administration requires regulatory harmonization, integrated service mechanisms, and the digital integration of land administration systems. Strengthening public legal awareness is also essential for ensuring equitable and effective land services. Limitation: This study is limited to Batam City as a case study and may not fully represent broader land administration issues in other regions of Indonesia. Contribution: The research contributes to academic discourse and policy recommendations on resolving institutional dualism in land administration. It provides insights into harmonizing regulations and integrating digital systems to ensure legal certainty and improve public trust in land services.
Juridical analysis of legal certainty and protection of the parties in the cooperation agreement for the establishment of a health clinic at PT. Melaka Medives Cakra, Batam City Dedy Cakra Wijaya; H.M. Soerya Respationo; Erniyanti Erniyanti
Annals of Justice and Humanity Vol. 4 No. 2 (2025): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i2.3417

Abstract

Purpose: This study aims to analyze the legal arrangements, implementation, as well as obstacles and solutions in cooperation agreements for the establishment of health clinics at PT Melaka Medives Cakra in Batam City. The focus lies on aspects of legal certainty and the protection of parties involved. The research uses a combination of normative juridical and empirical juridical approaches. Method: Data were collected through the study of laws and regulations, legal literature, and primary sources, including interviews with stakeholders and field observations. The analysis is based on positive law theory, Lawrence M. Friedman’s legal system theory, and Sudikno Mertokusumo’s legal certainty theory. Result: Although the cooperation agreement was legally valid as an authentic deed, issues such as vague clauses, differing interpretations, and administrative barriers arose. Through addenda, legal support, and stronger dispute resolution clauses, the parties maintained stability and ensured fair legal protection. Conclusion: The study concludes that clarity in contract drafting, early involvement of legal assistance, and simplified licensing procedures are crucial for ensuring legal certainty and sustainable cooperation in the health care sector. Limitation: This research is limited to a single case study in Batam City, thus its findings may not fully represent similar cooperation agreements in other regions or health sectors. Contribution: The study contributes by providing practical insights into strengthening legal certainty in health sector cooperation agreements. It offers recommendations for policymakers, practitioners, and stakeholders to foster a legal ecosystem that supports sustainable collaboration and equitable protection of rights.
Co-Authors Dahliana Munthe Dedy Cakra Wijaya Erniyanti Erniyanti Lilis Suriyani