Konseptualisasi dan Peluang Cyber Notary dalam Hukum

This paper aims to reveal the conceptualization and opportunity of the concept of the cyber notary as one of the other notary authorities as stated in the explanation of Article 15 Section (3) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Position of Notary Public (UUJN). This paper is a normative study using the statute approach and conceptual approach. The concept of a cyber notary can be interpreted as a method for a notary in carrying out their duties and authorities by using electronic equipment (cyber), but their authority has limitations for the authority of certification of transactions conducted electronically. Opportunities for the concept of a cyber notary can be reviewed in the drafting of the results of the General Meeting of Shareholders based on Article 77 of Law Number 40 of 2007 concerning Limited Liability Companies and storage of the Notary protocol in electronic form. The application of cyber notary is still constrained by UUJN which has not yet opened up opportunities for deed making through electronic media.

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Authentication of Deed of Minutes of General Meeting of Shareholders Implemented With The Concept of Cyber Notary Reviewed From Article 16 Paragraph (1) Letter M of Law No. 2 of 2014 On Notary Department

Authentica ◽

10.20884/1.atc.2019.2.1.61 ◽

2020 ◽

Vol 2 (1) ◽

pp. 41-55

Author(s):

Reza Amrullah

Keyword(s):

Information Technology ◽

Board Of Directors ◽

Computer Networks ◽

Research Method ◽

General Meeting ◽

Electronic Media ◽

Analysis Method ◽

Electronic Documents ◽

The Board Of Directors ◽

Notary Public

Cyber Notary is the use or utilization of information technology such as computers, computer networks, and/or other electronic media, such as teleconferences or video conferences in carrying out the tasks of the authority of a Notary Public. This study analyzes the authentication of electronic documents in the form of the minutes of the General Meeting of Shareholders in the Cyber Notary concept and the proof of the minutes of the General Meeting of Shareholders held with the concept of Cyber Notary. The research method used in this study is normative juridical. The source of legal material in this research is secondary legal material. This Legal Material Analysis Method is Normative Qualitative. Based on the results of the study found that Authentication of electronic documents in the form of the minutes of the General Meeting of Shareholders in the concept of Cyber Notary can be done by means of a Notary does not need to be present during the General Meeting of Shareholders of the Cyber Notary takes place. If the Notary is present directly at the meeting then it is actually dangerous for the Notary, because in the Cyber Notary RUPS there are meeting participants who attend using teleconferences or video conferences that do not allow the Notary to get to know all meeting participants who were present at the meeting. Making Deed of Minutes of the meeting is sufficient to be made by a Notary based on the Minutes of Meeting under the hand of the authorized shareholders to the Board of Directors to be drawn up by a Notary. Keywords: Strength of Proof; GMS Deed; Cyber Notary.

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Tanda Tangan Elektronik dalam Akta Pernyataan Keputusan Rapat Umum Pemegang Saham Perseroan Terbatas

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.1.1.2202.148-153 ◽

2020 ◽

Vol 1 (1) ◽

pp. 148-153

Author(s):

Ni Kadek Sofia Arianti ◽

I Nyoman Putu Budiartha ◽

Desak Gde Dwi Arini

Keyword(s):

Limited Liability ◽

General Meeting ◽

Electronic Media ◽

Research Approach ◽

Limited Liability Company ◽

Electronic Information ◽

Electronic Documents ◽

Electronic Signatures ◽

Procedural Law

This research is motivated by the development of technology playing an important role in the establishment of companies in various regions in the territory of the archipelago, namely the Republic of Indonesia, one of which is a Limited Liability Company. This study aims to determine the arrangement of electronic signatures in the General Meeting of Shareholders of Limited Liability Companies and to find out the legal consequences of the signatures conducted electronically in the deed of decree of the General Meeting of Shareholders of Limited Liability Companies. The method used in this research is the normative research approach is legislation. Then, the data that has been analyzed are presented in an informal form, through the words described in paragraphs. The results of this study address that the regulation of electronic signatures in the deed of the decision of the decision of the general meeting of shareholders of the Limited Liability Company through tracing and transformation according to structured translation by reasoning based on logic that electronic information or electronic documents and / or printouts can be used as evidence legal law, which is also an expansion of legal legal evidence based on the provisions of article 11 jo. Article 5 of the Law. Therefore, the evidence according to the procedural law above made in the form of electronic information or electronic documents, is valid evidence under the Electronic Information and Transaction Law, so that all electronic transactions that utilize electronic media produce electronic signatures that are loaded on the deed of determination of the results of the GMS decision, the Limited Liability Company can be considered as a deed. Then, due to the legal signature that was carried out through electronic media the outcome of the determination of the GMS had a legal impact on the legalization status of the deed which according to the relevant Act was declared valid insofar as the deed was seen as a deed under the hand.

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Pengelolaan Coorporate Social Responsibility Menurut Peraturan Perundang-undangan di Indonesia

Wajah Hukum ◽

10.33087/wjh.v4i2.241 ◽

2020 ◽

Vol 4 (2) ◽

pp. 331

Author(s):

Lili Naili Hidayah ◽

Raffles Raffles ◽

Pahlefi Pahlefi

Keyword(s):

Corporate Social Responsibility ◽

Social Responsibility ◽

Limited Liability ◽

Normative Study ◽

Conceptual Approach ◽

Government Regulations ◽

Corporate Social ◽

The Ideal

Corporate Social Responsibility (CSR) is one of the obligations that must be carried out by companies in accordance with the contents of article 74 of Law Number 40 of 2007 concerning Perseroan Terbatas. The purpose of this study is to find out about the ideal management of CSR for limited liability companies. This research is a normative study, using a conceptual approach and legislative approach. Based on the results of the study found that the CSR obligation norms for the company seem indecisive, because Social Responsibility has not been explicitly set about CSR mechanisms specifically in regulations, standards "propriety” and “reasonableness” in CSR budgeting, the form of implementation and who is competent in assessing the reasonableness and propriety must be clearly regulated in government regulations so that CSR management is directed and measurable.

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Transfer of Regional Government Stock in PT. Indotan Lombok Barat Bankit through Sircular Shareholder General Meeting

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v6i1.845 ◽

2019 ◽

Vol 6 (1) ◽

pp. 385

Author(s):

Lalu Athfal Fikry ◽

Salim Hs ◽

Kurniawan Kurniawan

Keyword(s):

Limited Liability ◽

General Meeting ◽

Regional Government ◽

Cooperation Agreement ◽

Conceptual Approach ◽

The West ◽

Legal Requirements ◽

Legal Force

This study aims to analyze the transition of shares of Regional Government through Circular shareholders general meetings. Related to this matter, the regulation of share transfer through the Circular general shareholders meeting. This research is a type of normative research, with the approach used is a legal approach and a conceptual approach. Circular transfer of shares is clearly stipulated in article 91 of Law Number 40 of 2007 concerning Limited Liability Companies. That a decision outside the general meeting of shareholders approved by all shareholders is a "binding" decision. That is, the decision has the same legal force as the decisions of the general meeting of shareholders carried out physically and conventionally. Then the next arrangement is regulated in article 14 of the Cooperation Agreement between Indotan Lombok, Pte. Ltd., PT Puri Permata Mega, and West Lombok Regency Government Based on Notarial deed Number AHU-AH.O1.10-09847. If in the analysis of the agreement theory, this agreement has fulfilled the legal requirements of an agreement. The implementation was carried out with evidence that PT Puri Permata Mega had transferred its shares to PT Indotan Lombok, Pte. Ltd. This is evidenced by the agreement of Indotan Lombok, Pte, Ltd and the West Lombok Regency Government.

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PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM PEMBUATAN AKTA RUPS YANG DILAKSANAKAN MELALUI MEDIA TELEKONFERENSI

VYAVAHARA DUTA ◽

10.25078/vd.v15i1.1440 ◽

2020 ◽

Vol 15 (1) ◽

pp. 62

Author(s):

Ni Made Dyah Nanda Widyaswari

Keyword(s):

Legal Protection ◽

Limited Liability ◽

General Meeting ◽

Limited Liability Company ◽

Long Distance ◽

Protection Measures ◽

The Future ◽

Civil Suit ◽

Notary Public

Cyber Notary is a concept by using the development of existing technological sophistication, by using the power of notary technology can carry out its duties and authority. With a teleconference if violations occur at the General Meeting of Shareholders (GMS), such as violations, legalization of electronic deeds, digitizing documents, and other similar matters. That way the existence of Cyber Notary requires that notaries not only be clever in the field of notary but also can master the technology in the application of Cyber Notary. Facilitating the occurrence of long distance transactions between the parties is the concept of Cyber Notary was born. Thus, the background as above is discussed regarding, Using Teleconference for General Meeting of Shareholders. What legal protection measures will be used for the parties who are holding a general meeting of shareholders with the teleconference media.This study uses normative law and several approaches, namely the legislative approach and the case approach. This study uses the analysis of legal materials using the techniques of description, evaluation and argumentation. This study found results, namely: 1. The implementation of the General Meeting of Shareholders with Cyber Notary in Law No. 40 of 2007 which describes the Limited Liability Company in carrying out a GMS by teleconfession. In the implementation of the GMS conducted by Cyber Notary in Law No. 40 of 2007 concerning Limited Liability Companies does not explicitly explain the substance of the GMS that can be carried out by teleconference. The making of a GMS deed carried out by teleconference by a Notary Public is valid as long as it meets the requirements of the GMS implementation. 2. The GMS consists of various parties including the Company Organs and Notaries. Legal protection for notaries is regulated in the provisions of article 66 of Law No. 2 of 2014 concerning the position of notary public (UUJN). Meanwhile, legal protection for the company's organs in connection with the making of the GMS Deed carried out by teleconference if a dispute arises in the future includes two matters, namely through a civil suit and Reporting or giving a complaint to the notary area supervisory assembly.

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Tanggung Jawab Promotor Perseroan Terbatas Terhadap Kontrak Pra Inkorporasi Di Indonesia

Media Iuris ◽

10.20473/mi.v2i1.11814 ◽

2019 ◽

Vol 2 (1) ◽

pp. 127

Author(s):

Xavier Nugraha ◽

Ave Maria Frisa Katherina

Keyword(s):

Human Rights ◽

Research Methods ◽

Limited Liability ◽

General Meeting ◽

Legal Action ◽

Conceptual Approach ◽

Legal Entity ◽

Rule Out

Ratification of a legal entity based on the issuance of a Decree of the Minister of Law and Human Rights requires a process that is not brief. Meanwhile, corporation which has not been ratified as a legal entity does not rule out the possibility that the promotors of corporation will carry out legal actions in the name of corporation. This journal aims to provide an explanation of the extent to which the liability of corporation and promoters on contracts made before corporation becomes a legal entity. The research methods in this study are conceptual approach and statute approach. Law Number 40 of 2007 concerning Limited Liability Companies in Indonesia currently regulates the liability of promotors before corporation becomes a legal entity. From this journal, it will be known that liability which appears from pre-incorporation contract lies on promotor before corporation becomes a legal entity, but when the legal action has been approved by the General Meeting of Shareholders or has been stated in the deed of establishment, it will become corporate's actions, therefore the liability is also attached.

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BENTUK KETERLIBATAN PEMEGANG SAHAM DALAM PERBUATAN MELAWAN HUKUM PERSEROAN TERBATAS YANG DAPAT MEMPERLUAS PERTANGGUNGJAWABANNYA

Law Review ◽

10.19166/lr.v17i3.834 ◽

2018 ◽

Vol 17 (3) ◽

pp. 175

Author(s):

Velliana Tanaya

Keyword(s):

Board Of Directors ◽

Personal Responsibility ◽

Limited Liability ◽

General Meeting ◽

Duty Of Care ◽

Limited Liability Company ◽

Conceptual Approach ◽

Injured Party ◽

Piercing The Corporate Veil ◽

Personal Liability

Limited Liability Company is the most popular form of business entity in Indonesia because law acknowledges the principle of limited liability of its shareholders, which gives advantages for entrepreneurs running a business. Article 3 Subsection 1 Law No. 40 Year 2007 concerning Limited Liability Company stated that company’s shareholders are not personally liable for agreements made on behalf of the Company and are not liable for the Company’s losses in excess of their prospective shareholding. However, in Article 3 Subsection 2 there are some waivers of the principle, one of the exceptions is if the relevant shareholders are involved in illegal actions committed by the Company. It is interesting because in fact, usually, shareholder do not get involved in company’s management. Through normative research with Statute and Conceptual Approach on Piercing the Corporate Veil, shareholders can be accountable for personal responsibility if shareholders in giving his/her voting rights in General Meeting of Shareholders neglect his/her duty of care, or if besides of being shareholders he/she also become Board of Directors and/or Board of Commissioners who runs the Company’s management, or if the shareholders give order or command to Board of Directors or Board of Commissioners or company’s employee to perform actions that causing the Company committed an unlawful act and harm others (tort). Personal liability can be requested if injured party filing a tort lawsuit and set the relevant shareholders as a defendant besides the Company.

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The ambiguity of dismissal of notary over bankruptcy in Indonesia

Jurnal Ilmiah Hukum LEGALITY ◽

10.22219/ljih.v29i2.15677 ◽

2021 ◽

Vol 29 (2) ◽

pp. 269-285

Author(s):

Rahayu Hartini

Keyword(s):

Content Analysis ◽

The Other ◽

Public Official ◽

Legal Research ◽

Conceptual Approach ◽

The Law ◽

Notary Public ◽

The Right ◽

Legal Subjects ◽

Legal Consequences

A notary is a public official who has the authority to make authentic deeds and other authorities regulated in-laws and regulations. Notaries are also private legal subjects (natuurlijk persons), which have free will to carry out legal actions. According to the Law on Notarial Positions, a Notary is dishonorably dismissed when (s)he is declared bankrupt. On the other hand, the UUK and PKPU recognize the rehabilitation of bankrupt debtors if they have fulfilled their obligations. This is where there is ambiguity or a fuzzy norm (vegen norm). Legal research aims to find out how bankruptcy is regulated in the notary position, and what are the legal consequences for the position of a notary both as a person and in relation to his/her position as a notary public? This legal research is normative juridical using a statutory approach and a conceptual approach. The legal materials obtained are analyzed using content analysis. The results of the discussion: 1). Notary bankruptcy has been regulated in UUK and PKPU as well as in the Law on Notary Position. 2). The legal consequences for a Notary who is declared bankrupt by the Commercial Court have an impact on the notary's personality, as well as on his position. According to the Law on the Position of Notary Public, if violating Article 84 which results in losses to the parties, the notary is obliged to pay compensation. According to the UUK and PKPU, this could result in the debtor losing the right to act freely on his assets, but not losing the right to perform his/her tasks and hold a position. As a recommendation, in the Law on the Position of Notary Public, it is necessary to clearly define the separation of Notary as a person from her/his position as his profession.

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The Principle of Social Function of Land Cultivation Right in Agritourism Accommodation in Indonesia

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v5i2.374 ◽

2018 ◽

Vol 5 (2) ◽

pp. 271

Author(s):

Lusia Savitri Diah Candrasari ◽

Lego Karjoko

Keyword(s):

Law Enforcement ◽

Data Collection ◽

Social Function ◽

The Other ◽

Literature Study ◽

Normative Study ◽

Conceptual Approach ◽

The Social ◽

Land Cultivation ◽

Plantation Company

The principle of social function as one of the principles of law enforcement in Indonesia supposes to be elucidated in the regulation of the obligation of Land Cultivation Right holder. Tourism accommodation held by the plantation company on the land under the Land cultivationright on one side, is unjustified by Agrarian Law, on the other side, Plantation law grants it. This writing aimed at evaluating the coherence of the regulation about the obligation of the holders of the land cultivation right towards the principle of social function. This writing could be categorized as a normative study with the statute and conceptual approach. The technique of data collection was literature study. Deductive-inductive syllogism and interpretation presented the analysis. This writing concluded that there had not been a coherence between the regulation about the obligation of the holders of Land cultivation right and the social function of Land cultivation right. This incoherence led to weak law enforcement.

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EFEK PENAMBAHAN EKSTRAK AIR JAHE (Zingiber officinale Roscoe) DAN PENYIMPANAN DINGIN TERHADAP MUTU SENSORI IKAN TUNA (Thunnus albacores)

JURNAL PERIKANAN DAN KELAUTAN TROPIS ◽

10.35800/jpkt.6.1.2010.115 ◽

2010 ◽

Vol 6 (1) ◽

pp. 36

Author(s):

Silvana Dinaintang Harikedua

Keyword(s):

Sensory Quality ◽

Zingiber Officinale ◽

The Other ◽

Ginger Extract ◽

Other Hand ◽

Storage Treatment ◽

Zingiber Officinale Roscoe ◽

Hedonic Scale ◽

And Storage

The objective of this study was to investigate the effect of ginger extract addition and refrigerate storage on sensory quality of Tuna through panelist’s perception. Panelists (n=30) evaluated samples for overall appearance and flavor attribute using hedonic scale 1–7. The sample which is more acceptable by panelists on flavor attributes having 3% gingers extract and storage for 3 days. The less acceptable sample on flavor attribute having 0% ginger extract and storage for 9 days. On the other hand, the sample which is more acceptable by panelists on overall appearance having 0% ginger extract without storage treatment. The less acceptable sample on overall appearance having 3% ginger extract and storage for 9 days.

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