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VOL. 9, ISSUE 3 (2023)
Legal consequences of ratification of the deed of amendment to the limited corporation's articles of association by a notary who does not use the GMS mechanism in Indonesia
Authors
Novita Yana Rizky, Dr. Sri Wanly Rahayu, Dr. M Adli
Abstract

This study discusses the responsibility of the Notary in making the deed of minutes of the GMS which was allegedly made in a criminal manner in the decision of the Palangkaraya District Court Number 69/Pid.B/2016/PN Plk and made unlawfully in the decision of the Bandung District Court Number 236/Pdt.G/2019/PN Bdg. Amendments to the Articles of Association of Limited Liability Companies are regulated in articles 19 to 27 of Law no. 40 of 2007 concerning Limited Liability Companies, where the provisions of the articles state that changes to the Articles of Association must be made through a General Meeting of Shareholders, then the Meeting must be recorded on the amendment agenda concerned.

The findings of this study are The notary's responsibility for the Ralas Deed is in the form of canceling the deed and the notary admits his negligence, causing losses to certain parties in the said deed. The legal consequences of the relaas deed are reviewed from Law Number 2 of 2014 concerning the Position of Notary and Law Number 40 of 2007 concerning PT if the requirements for the implementation of the GMS/EGMS are not fulfilled and cannot be carried out and result in an unlawful act if it is still carried out, then the deed made is considered invalid. Efforts that can be taken by a notary who has been sanctioned by the code of ethics are legal remedies for violations of the code of ethics through the Honorary Council and attempts to violate the UUJN by means of self-defense and administrative appeals.

The conclusion of this research is legal consequences Notary responsibility in the form of canceling the deed and admitting negligence. Legal consequences of the relaas deednon-fulfillment of the requirements for the implementation of the EGMS/EGMS and resulting in illegal acts. Efforts that can be taken by notaries who are subject to code of ethics sanctions are legal remedies for violations of the code of ethics through the Honor Council and attempts to violate the UUJN are carried out by self-defense and administrative appeals.
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Pages:73-78
How to cite this article:
Novita Yana Rizky, Dr. Sri Wanly Rahayu, Dr. M Adli "Legal consequences of ratification of the deed of amendment to the limited corporation's articles of association by a notary who does not use the GMS mechanism in Indonesia". International Journal of Law, Vol 9, Issue 3, 2023, Pages 73-78
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