Lex Renaissance
Vol 4 No 1 (2019): JANUARI 2019

Pertanggungjawaban Notaris dan Akibat Hukum Pengesahan Pendirian Perseroan Terbatas Melalui Sistem Administrasi Badan Hukum

Tia Sanitra Gumilang (Universitas Islam Indonesia)



Article Info

Publish Date
13 Mar 2020

Abstract

This study aims to examine the accountability of a notary in the process of establishing a Limited Liability Company (PT) through the Legal Entity Administration System (SABH) and the legal consequences if the notary innovates in the process of establishing a PT through a Legal Entity Administration System (SABH). This research is normative juridical, using a statutory approach, collecting data with literature and document studies. The results of this study conclude that the responsibility of a notary in the process of establishing a PT is not just an accountability for the deed he made, but the notary is also fully responsible for any mistakes made in the process of establishing PT. The notary’s liability is stated in the electronic statement that the notary is fully responsible for what is filled in and uploaded in accordance with statutory regulations. Therefore, the principle of notarial prudence is needed so that the mistakes made by the notary do not affect the parties and third parties related to the deed. The legal consequences if a notary innovates a law that is contrary to the laws and regulations is that the notarial deed can be declared null and void by law, so that it can have an impact on the parties and third parties related to the said legal act. Legal innovations by notaries are allowed as long as they are still in the corridor of the notary's obligations. Innovation through legal discovery is used so that the application of the rule of law to an event can be done precisely and relevant.

Copyrights © 2019






Journal Info

Abbrev

Lex-Renaissance

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Lex Renaissance adalah jurnal yang diterbitkan oleh program Pascasarjana Fakultas hukum Universitas Islam Indonesia. terbit dua kali dalam satu tahun (Januari dan Juli). jurnal ini adalah media komunikasi dan pengembangan ilmu. Jurnal terbit setiap ...