Tanggung Gugat Notaris terhadap Akta yang Berasal dari Data yang tidak benar
Lambung Mangkurat Law Journal
This research aims at studying and analyzing the ratio legist of the provisionon the double position of the Notary Publics as stipulated in Article 17 of ActNumber 2 of 2012 concerning Notary Public's Office and analyzing the provision ofArticle 93 paragraph (1) of Act Number 40 0f 2007 concerning Limited Companyin relation with the position of the Notary Public as Director. This is normativelegal research by conducting library study mainly secondary legal resources. Thisresearch applies
... arch applies statute approach by studying all acts and regulations related withthe legal issue being dealt with. The nature of this research perspective analytical,i.e. to explain precisely the characteristics of an individual, condition/phenomenaof the groups in order to determine the spread of a phenomenon and to determinethe existence of relation between one phenomenon to the order in the society. Theresults of this research are firstly, the ratio legist of the provision on the doubleposition of the Notary Public as stipulated in Article 17 of Act Number 2 of 2014concerning Notary Public's Office is to avoid double position which may lead toconflict of interest. If a the Notary Public has double position as director, it is clearthat there are differences the Notary Public of authorities, and this may cause abuseof power. Secondly, a Notary Public holds a position as a director as stipulated inArticle 93 paragraph (1) of Act Number 40 of 2007 concerning Limited Company isnot possible. Articles 17 of Act Number 2 0f 2014 concerning Notary Public's Officeprohibits double position. Limited Company Act does not explicitly mentions aboutdouble position in a Limited Company, but it is clearly done because the tasks andauthorities of a Notary Public and a Director are very district and double positionmay bring about conflict of authorities.