Legal Strength on the Minute of Meeting Made by a Notary to Shareholders Through the Online System (Teleconference)

Widya Islamiyah(1), Maskun Maskun(2), Wiwie Heryani(3),

(1) Fakultas Hukum Universitas Hasanuddin
(2) Universitas Hasanuddin
(3) Universitas Hasanuddin


This study aims to: 1) Assess the legal strength of the minutes of meetings made by a notary to shareholders through the online system (Teleconference); 2) To check that the deed of the minutes of the meeting made by a notary to the shareholders through the online system (teleconference) is in accordance with the principle of professionalism as regulated in Law no. 2 of 2014 in conjunction with Law no. 30 of 2004 concerning the Position of a Notary. This type of research is normative legal research, namely by reviewing materials from various laws and regulations and other supporting materials from various literatures related to the problem. Non-legal materials obtained using a conceptual approach carried out at Notary and/or PPAT offices in Makassar City through interviews. Then the legal and non-legal materials are analyzed using qualitative methods, namely analyzing legal materials related to the problem under study and the results obtained are described descriptively, namely by describing, explaining and describing according to the problems in this study, conclusions will then be drawn. The results of this study indicate that: 1) The legal force of the deed of minutes of the GMS by a notary through the online teleconference system can be seen in Article 77 of the Company Law which allows that the GMS can be held via teleconference. The implementation of the GMS through teleconference has binding legal force for all parties. However, the implementation of the GMS by teleconference has several drawbacks such as not having a quorum while the rules at the GMS must all be present, the network/internet connection is usually disrupted, the signature on the attendance list in the evidence can be denied, and then there can be forgery of faces or clothes. 2) In terms of conformity with the deed of minutes of the GMS via teleconference which is connected with the principle of professionalism, there are differences of opinion between the notaries, namely, in looking at articles such as Article 77 and Article 76 paragraph (4), namely if the GMS is present and/or represented by all shareholders and all shareholders agree to hold a GMS with a certain agenda, the GMS can be held anywhere with due observance of the provisions as referred to in paragraph (3 ). Based on these rules, it is possible to have conformity with the principles of professionalism of the UUJN.


Minutes of GMS, Notary, Teleconference

Full Text:



Abdul Ghofur Anshori. (2009). Indonesian Notary Institution, Legal and Ethical Perspective, UII Press, Yogyakarta.

---------. (2016). Indonesian Notary Institute for Legal and Ethics Perspective, UII Pres, Yogyakarta.

AM Ramli. (2018). The Power of Electronic Deeds as Evidence in E-Commerce Transactions in the Indonesian Legal System, quoted in Herlien Budiono's book.

Ali Mudofir, Professional Education, Cet. I, Raja Grafindo Persada, Jakarta, 2012.

Abdulkadir Muhammad. (2000). Indonesian Civil Procedure Law, Citra Aditya Bakti, Bandung.

Ahmadimiru. (2011). "Cyber Notary from the Perspective of Indonesian Law and the Enforcement of Cyber Notary in Indonesia Judging from the Law on Notary Positions," Cyber Notary Challenges as an Indonesian Notary, Makassar.

Article 1 Number 3 of Law Number 19 of 2016 Juncto Law Number 11 of 2008 concerning Information and Electronic Transactions.

Article 1 Number 1 of Law Number 19 of 2016 Juncto Law Number 11 of 2008 concerning Information and Electronic Transactions.

Efa Laela Fakhriah. (2017). Electronic Evidence in Civil Evidence Systems, Cet. I, Refika Aditama, Bandung.

F. Eka Sumarningsih. (2001), Notary Position Regulations, Lecture Diktat, Notary Masters Study Program, Faculty of Law, Diponegoro University, Semarang.

Fahma, RW, Juridical Review of Notary Deeds on the Implementation of Cyber Notary in Indonesia according to Law Number 2 of 2014. Vol. II. NO. 2 July-December 2015.

HR daeng Naja. (2012). Deed Making Techniques (Buju Mandatory Notary), Library Yusticia. Yogyakarta.

Habib Adjie. (2008). Civil and Administrative Sanctions Against Notaries as Public Officials, (Habib Adjie IV), Refika Aditama. Bandung.

--------. (2014). Indonesian Notary Law (Thematic Interpretation of Law Number 30 of 2004 concerning Notary Positions). PT. Refika Aditama, Bandung.

--------. (2015). Cancellation and Cancellation of Notary Deed, Cet. 3. Refika Aditama. Bandung.

--------. (2015). Thematic Interpretation of Indonesian Notary Law Based on Law Number 30 of 2004 concerning the Position of Notary, Cet. I, Refika Aditama, Bandung.

Ira Koesoemawati and Yunirman Rijan. (2009). To Notaries, Achieve Success, Jakarta.

Jamin Ginting. (2007). Limited Liability Company Law (UU No. 40 Year 2007), Citra Aditya Bakti, Bandung.

Mulyoto. (2010). Criminalization of Notaries in Making Limited Liability Company Deeds, Cakrawala Media, Yogyakarta.

Muntinah. (2010). Legal Aspects of the General Meeting of Shareholders of Limited Liability Companies Through Teleconference, Postgraduate Thesis Notary Diponegoro University.

Maskun. (2013). Cyber Crime, Cet I. Kencana, Jakarta.

Makarim. (2020). Notary and Electronic Transaction Legal Studies on Cybernotary or Electronic Notary, 3rd Edition Cet. IV, Rajagrafindo Persada, Depok.

M. Lutfan Hadi Darus. (2017). Notary Law and Notary Position Responsibilities, UII Press, Yogyakarta.

Peter Mahmud Marzuki. (2005). Legal Research, Kencana Prenada Media Group, Jakarta.

RAEmma Nurita. (2012). Cyber Notary Early Understanding of Concepts of Thought, Cet I, Rafika Aditama. Bandung.

Serjono Soekanto and Sri Mamudji (2007). Normative Legal Research: A Brief Overview, Raja Grafindo Persada, Jakarta.


Article Metrics

Abstract view : 0 times
PDF - 0 times


  • There are currently no refbacks.

Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License