Tinjauan Yuridis Penggunaan Klausul Proteksi Diri Terhadap Akta Pernyataan Keputusan Rapat Perseroan Terbatas

Abstract

Notaries often have problems with making Meeting Decision Statement Deeds (PKR), in which case the Notary is not present in person, eventually causing losses, both losses suffered by the parties and the notary itself, this is due to several things such as the identity of the parties or one of the parties later realized that the identity given before the notary was fake or faked, then the information submitted by the parties did not match the truth, and the data or documents used as the basis for making the deed of Meeting Decision Statement (PKR) turned out to be incorrect. and faked. In practice in the field, researchers found that several notaries used self-protection clauses in the PKR deed. The problems studied in this study are about how the Notary should make the Limited Liability Company Meeting Decision Deed and whether the self-protection clause in making the Limited Liability Company Meeting Decision Deed can be a protection for the Notary. This research uses normative juridical research methods, normative juridical research is a study by examining library materials or secondary materials of laws and regulations, legal theory and the opinions of leading legal scholars. And also assisted by the results of interviews with several notaries, and seeing from the views and doctrines developed in legal science, this problem approach can be used as a knife of analysis to answer problems regarding the research that the author is researching. The results of this study conclude that in making the Deed of Decision Statement of the General Meeting of Shareholders, Notaries must really be able to carry out their duties and positions properly and always have a prudent principle, because the Deed of Decision of the General Meeting of Shareholders is a partynotaries,only need to register. what the parties want in the deed without changing, subtracting and adding to the contents of the deed, but not only does the notary follow the wishes of the appellant, the Notary must examine the deed of establishment until the change, tenure of directors and commissioners, and the Notary must understand the procedures GMS and Meeting Quorum. The existence of a self-protection clause in a Deed of Decision of the General Meeting of Shareholders cannot automatically become personal protection for a Notary, when a problem occurs in the future, even though the identity of the documented data is correct, the Notary does not examine the term of office of the Board of Directors and Commissioners or the management of the position. it turns out that it has ended and the GMS quorum has not been fulfilled and the procedures for the GMS are not fulfilled, so that for one reason or another, the Notary can be sued for compensation and penalties due to unprofessionalism in carrying out his duties and positions, because it has been regulated in Article 65 of the Law on every deed made by him.