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All Journal JURNAL ILMIAH LIVING LAW Jurnal Hukum Indonesia
Ali Abdullah
Universitas Pancasila
Law, Crime, Criminology & Criminal Justice Social Sciences

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A Legal Analysis of the Validity of a Notarial Deed Regarding Changes in the Management of a Limited Liability Company That Do Not Conform to the Intentions of the Parties (A Study of Judgment No. 46/Pdt.G/2023/PN.Cbi) Wahyu Dwi Utami; Ali Abdullah; Utji Sri Wulan Wuryandari
Jurnal Hukum Indonesia Vol. 5 No. 2 (2026): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v5i2.2650

Abstract

This study aims to analyse the validity of the deed of change in the management of a Limited Liability Company that does not reflect the true will of the parties, and the legal consequences arising therefrom, based on Decision Number 46/Pdt.G/2023/PN.Cbi. The research method employed is normative legal research utilising legislative, conceptual, and case approaches. The data used comprised primary, secondary, and tertiary legal materials, which were analysed qualitatively through a descriptive-analytical method. The results of the study show that the validity of a notarial deed is determined not only by the fulfilment of formal requirements as an authentic deed, but also by the fulfilment of substantive requirements — namely, the conformity of the deed's contents with the true will of the parties. In the case under examination, a discrepancy was found between the will of the shareholders, who sought the dismissal of the directors with prejudice, and the substance of the deed, which recorded an honourable resignation. This discrepancy resulted in the non-fulfilment of the elements of a valid agreement as stipulated in Article 1320 of the Kitab Undang-Undang Hukum Perdata (KUHPerdata), rendering the deed legally defective. Furthermore, the notary was found to have failed to apply the principle of prudence and to have neglected their obligations of care as prescribed under the Law on Notarial Position. Therefore, the conformity between the will of the parties and the contents of the deed is an essential element in ensuring legal certainty and legal protection.
Kajian Penggunaan Kuasa Direksi Dalam Pelaksanaan Pengadaan Barang dan Jasa Dari Perspektif Hukum Elsa febriani; Ali Abdullah
JURNAL ILMIAH LIVING LAW Vol. 17 No. 1 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i1.15508

Abstract

The purpose of this study is how the legal aspects of the use of the power of directors in the procurement of services and goods and how the legal accountability in the use of the power of directors in the procurement of services and goods. The researcher examines the use of the power of directors associated with the case of the Company's borrowing and lending practice with the Directors' Power of Attorney Deed to participate in the Auction for the Construction of the Weda Islamic Boarding School Dormitory. This study uses the Case Approach Method which refers to the case of Decision Decision No. 9 / Pid.Sus-TPK / 2021 / PN Tte and the Statutory Regulation Approach. The data collection technique for this study uses the Library Study Technique. The data analysis technique used in this study is the Qualitative Analysis Technique with the Descriptive Analysis Method. The granting of a power of attorney by the Directors in the procurement of government services and goods that is not in line with statutory provisions causes the benefits of granting the power of attorney to be null and void by law. The responsibility of the Directors' power of attorney for the Company's borrowing and lending if it is proven that there has been a loss either to the Company or to the state, then the directors' power of attorney must be responsible for their actions personally.
Co-Authors Elsa febriani Utji Sri Wulan Wuryandari Wahyu Dwi Utami