Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

TINJAUAN YURIDIS TERHADAP PERAN NOTARIS DALAM PEMBUATAN AKTA PERSEROAN TERBATAS DI KOTA SERANG (STUDI KASUS DI KANTOR NOTARIS HEMI MARIHOT GOLDIFIRST NAINGGOLAN, S.H., M.KN)

Irwan Sapta Putra (Universitas Bina Bangsa)
Mohammad Hifni (Universitas Bina Bangsa)
Charles Frisheldy Nainggolan (Universitas Bina Bangsa)



Article Info

Publish Date
08 Aug 2026

Abstract

A Limited Liability Company (Perseroan Terbatas or PT) is a legal entity that must be established via an authentic deed drawn up by a notary, as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies and Law Number 2 of 2014 concerning the Office of Notary. In practice, various issues persist—such as incomplete documentation, errors in founder data, and obstacles regarding the use of the Online General Legal Administration (AHU) system—which have the potential to give rise to legal consequences. Therefore, the role of the notary is crucial in providing legal certainty and guaranteeing the validity of the Limited Liability Company's deed of establishment. This study aims to analyze the notary's role in drafting Limited Liability Company deeds based on the Law on the Office of Notary and the Law on Limited Liability Companies; to analyze the notary's legal liability regarding deeds containing errors or legal defects; and to identify the obstacles faced by the notary during the deed drafting process at the Notary Office of Hemi Marihot Goldifirst Nainggolan, S.H., M.Kn., in Serang City. The research employs an empirical legal research method with a normative-juridical approach. Data were obtained through literature reviews, interviews, and observations at the Notary Office of Hemi Marihot Goldifirst Nainggolan, S.H., M.Kn. Subsequently, the data were analyzed qualitatively with reference to statutory regulations concerning the office of notary and the establishment of Limited Liability Companies. The research findings indicate that the notary plays a strategic role as a public official authorized to draft authentic deeds, provide legal guidance, verify document completeness, and ensure that all requirements for establishing a Limited Liability Company comply with applicable legal provisions. The study also reveals that a notary may be held administratively, civilly, or criminally liable if proven to have committed negligence in the exercise of their authority. The challenges encountered include incomplete documentation from the founders, errors in identity data, regulatory changes, and technical issues with the AHU Online system.

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Journal Info

Abbrev

home

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. ...