IMPLEMENTASI KEPUTUSAN MENTERI NEGARA KOPERASI DAN USAHA KECIL MENENGAH NOMOR 98/KEP/M.KUKM/IX/2004 DALAM PEMBUATAN AKTA PENDIRIAN KOPERASI OLEH NOTARIS DI KOTA MATARAM

Abstract

This study aimed to analyze the implementation of the Decree of the State Minister of Cooperatives and Small-Medium Enterprises No. 98/KEP/K.KUKM/IX/2004, in the making of a cooperative establishment deed by Notary Publicand to analyze the constrains faced by the notary in the making of a cooperative establishment deed in the city of Mataram. This research is a Normative Empirical legal research by studying by primary data, secondary data to obtain data by legislation, conceptual and a sociological approach. The results of this study shows that, the implementation of the State Minister of Cooperatives and Small-Medium Enterprises No. 98/KEP/K.KUKM/IX/2004 concerning public notary as the maker of cooperatives establishment deed in the city of Mataram. Nevertheless, the making of a cooperatives establishment deed, Amendment deed, and other Notarial deeds are still not optimally implemented and considered incriminating for the community, especially for the cooprerative board .This proven by the fact that there are still many cooperative board who did not make a notarial establishment deed and did not make a notarial Amendment deed of their Cooperative. The The constrainst faced by the notary in the cooperatives establishment deed, in the city of mataram is that the Public Notary and the Department of cooperatives frequently have different perceptions about the bill/draft that resulted in terminable process of deed making. The public The Notary having difficulties in presenting their roles as a cooperatives deed maker, since there are no official instructions about the making of the Notary's name plate such as the making of PPAT's (a Land Deed Official) nameplate. Therefore, the legitimation of the Notary as a Cooperative establishment deed maker, have no legal basis. Hence, not all cooperative made notarial deed.