The Role of Notaries in Agreements Made by Individual Companies with Other Parties

Abstract

Agreements made between individual companies and other parties require the role of a notary so that the parties are protected from legal problems in the future. This research aims to determine the role of notaries in agreements made by individual companies with other parties and to find out the obstacles faced by notaries in agreements made by individual companies with other parties.

The research approach method used in this thesis is an empirical juridical research method. The specifications of this research are analytical descriptive. The type of data used in this research uses primary data which includes: the 1945 Constitution, the Civil Code, Law Number 40 of 2007 concerning Limited Liability Companies, Law Number 11 of 2020 concerning Job Creation, Government Regulation no. 8 of 2021 concerning the Authorized Capital of Companies and Registration of Establishment, Changes and Dissolution of Companies that Meet the Criteria for Micro and Small Enterprises. As well as secondary data containing books and other supporting documents. Collecting research data using interview techniques, observation and literature study. The data analysis method uses qualitative data analysis techniques.

The research results show that: First, in agreements between individual companies and other parties the role of the notary cannot be ignored. Notaries have roles such as: Providing legal advice and considerations, ensuring agreement documents are correct and complete, formulating the wishes of the parties, issuing copies of deeds of agreement to all parties involved, safely storing authentic deeds of agreements that have been made. Second, obstacles to notaries in agreements made by individual companies with other parties: Lack of understanding of the parties about the law, incomplete documents, lack of information from the parties, disagreements between the parties.