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VOL. 10, ISSUE 2 (2024)
Consideration of Judges in the case of notary registering AKTA PKR into the OSS system that does not meet the requirements (Study of Decision Number 25/Pdt.G/2020/PN.Bjb)
Authors
Dian Dewi Candrawati, Albertus Sentot Sudarwanto, Fatma Ulfatun Najicha
Abstract
Notary issues a deed of statement of meeting
decision (PKR) from the holding of a general meeting of shareholders (GMS) to
ensure legal certainty that a GMS has been held with its decisions. Problems
arise when the PKR deed is issued from the holding of an extraordinary GMS that
does not comply with the requirements of the Limited Liability Company Law and
is registered with the Online Single Submission (OSS) by Notary R through a
power of attorney, as was the extraordinary GMS held by PT Kalimantan Soil
Engeneering (PT KSE) on August 23, 2019. The focus of this research is to find
out the judge's consideration of the issuance of PKR deed from the holding of
an extraordinary GMS that is not in accordance with the Company Law with a case
approach to Decision Number 25/Pdt.G/2020/PN Bjb and what forms of
responsibility can be imposed on Notary. This research is a normative legal
research with a case study approach. This research concludes that the issuance
of PKR Deed Number 03 from the holding of the extraordinary GMS of PT KSE which
was then processed to the Online Single Submission, there was a violation of
law to the detriment of shareholders. The liability that can be given to Notary
R is administrative liability through MPWN. The Banjarbaru Court judge's
consideration in Decision Number 25/Pdt.G/2020/PN Bjb was not in favor of the
plaintiff and defendant.
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Pages:185-190
How to cite this article:
Dian Dewi Candrawati, Albertus Sentot Sudarwanto, Fatma Ulfatun Najicha "Consideration of Judges in the case of notary registering AKTA PKR into the OSS system that does not meet the requirements (Study of Decision Number 25/Pdt.G/2020/PN.Bjb)". International Journal of Law, Vol 10, Issue 2, 2024, Pages 185-190
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