The Role of a Notary Process of Making the Acquisition or Share Acquisition in the Order to Realize the Practice Healthy Business Competition

Henry Aspan
Anggy Auliawan
Ari Prabowo

Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Vol 5, No 2 (2022): Budapest International Research and Critics Institute May

Mergers, consolidations, and acquisitions can be a tool for business actors to get rid of their competitors. One of the merger guidelines that can be used to assess whether the consequences of a merger will affect business competition or not is the Merger Review Guidelines (MRG). In Article 29 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, it is expressly stated that business actors are obliged to report the occurrence of a merger no later than 30 days after the transaction. A notary is a public official who is authorized to make an authentic deed as long as the making of a certain authentic deed is not reserved for other public officials. From the point of view of laws and regulations, the position of a Notary in the acquisition process is very clear, especially in Government Regulation Number 27 of 1998 concerning Merger, Consolidation.