The Juridical Implications of the Sale and Purchase of Shares Agreement in a Closed Limited Liability Company Made by a Notary without the Consent of the Married Couple

Abstract

All assets/material rights obtained in a marriage are joint rights of the two parties who are bound in marriage and are binding (gebonden mede eigendom) so that the process of transferring joint assets must be based on the agreement of both parties. However, in making a share sale and purchase agreement by a Notary, it is common to find a share sale and purchase agreement that does not involve the consent of the marriage partner from the seller and the process of buying and selling shares without the consent of the marriage partner is justified by the West Jakarta District Court through decision No: 195/Pdt.G/ 2021/PN. Jkt. Brt. This study aims to determinejuridical implications of the deed of the sale and purchase agreement of shares in a closed limited liability company made by a notary without the consent of the marriage partner and the responsibilities of the notary in making the deed of the sale and purchase agreement of shares in a closed limited liability company made by a notary without the consent of the marriage partner.This research was conducted using a Juridical Normative approach and Analytical Descriptive specifications. The data source used is secondary data which consists of: primary legal materials in the form oflegislation, official records or treatises in the making of legislation and judges' decisions; secondary legal material in the form ofPublications on law include text books, legal journals, expert opinions, information or opinions of sources and comments on court decisions;and tertiary legal materials in the form oflegal materials that function to provide information on primary and secondary legal materials.Methods of data collection using literature study. The data analysis method uses qualitative data analysis which consists of data collection activities, data processing and drawing conclusions. The results of the research show that: First, the Sale and Purchase Agreement of Shares in a Limited Liability Company made by a Notary without the consent of the married couple, if the shares were acquired during the marriage period and there is no marriage agreement in the form of separation of assets and the shares are not acquired assets, then the Deed of Sale and Purchase of Shares made by the Notary is null and void because it is not based on lawful reasons. Second, to the Notary who madeagreement to buy and sell shares in a closed limited liability company without the consent of the marriage partnerif the shares are acquired during the marriage period and there is no marriage agreement regarding the separation of assets and the shares are not acquired assets, then the Notary may be subject to Code of Ethics sanctions, Administrative Sanctions and Civil Sanctions.

Keywords: Liability; Property; Share.