Kedudukan Notaris sebagai Direktur dalam Perspektif Peraturan Perundang-Undangan yang Berlaku

Ady Prasetya Radam

Abstract


This research aims at studying and analyzing the ratio legis of the provison
on the double position of the Notary Publics as stipulated in Artecle 17 of Act
Number 2 of 2012 concerning Notary Public’s Office and analyzing the provision of
Article 93 paragraph (1) of Act Number 40 0f 2007 concerning Limited Company
in relation with the position of the Notary Public as Director. This is normative
legal research by conducting library study mainly secondary legal resources. This
research applies statute apporoach by studying all acts and regulations related with
the legal issue being dealt with. The nature of this research perspective analytical,
i.e to explain precisely the caharacteristics of an individual, condition/phenomena
of the groups in order to determine the spead of a phenomenon and to determine
the existence of relation between one phenomenon to the order in the society. The
results of this research are firstly, the ratio legis of the provision on the double
position of the Notary Public as stipulated in Article 17 of Act Number 2 of 2014
concerning Notary Public’s Office is to avoid double position which may lead to
conflict of interest. If a the Notary Public has doble position as director, it is clear
that there are differences the Notary Public of authorities, and this may cause abuse
of power. Secondly, a Notary Public holds a position as a director as stipulated in
Article 93 paragraph (1) of Act Number 40 of 2007 concerning Limited Company is
not possible. Articles 17 of Act Number 2 0f 2014 concerning Notary Public’s Office
prohibits double position. Limited Company Act does not explicity mentions about
double position in a Limited Company, but it is clearly done because the tasks and
authorities of a Notary Public and a Director are very distict and double position
may bring about conflict of authorities. 


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DOI: http://dx.doi.org/10.32801/lamlaj.v2i2.44

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