The Role of Notaries in BUMD Agreements with Work Partners: Efforts to Ensure Legal Certainty

Abstract

BUMD, for one thing, is a business entity that is driven to make a profit. But on the other hand, it is an extension of the state in serving the community. The existence of antinomies in the characteristics of BUMD creates a gray area with unclear boundaries between the realm of administrative law and the realm of civil law. And one of the gray areas is BUMD agreements with work partners. PT RBSJ's agreements with a number of working partners that use underhanded deeds have the potential to become a means of corrupt actions that are detrimental to state finances. The BUMD agreement belongs to the Regency Government. The Rembang contains deviations from the principles of the agreement, including: the subject of the agreement does not have the legality to act, the date of the agreement document is unclear, the contents of the agreement do not reflect the principles of equality and balance, and there is a conflict of interest. These things result in legal uncertainty in the agreement. Notaries as an extension of the state have the authority to guarantee legal certainty in the authentic (notarial) deeds they make. In the context of the PT agreement. RBSJ with working partners who do not have legal status, the Notary will check and confirm the identity of the person appearing. regarding the date of the agreement, the Notary provides a guarantee regarding the date of making the deed by keeping minutes of the deed as part of the notarial protocol. Regarding unbalanced agreements and conflicts of interest, the Notary has the authority to provide legal advice and considerations to the applicant to reconsider the contents of the agreement and even suggest canceling the conclusion of the agreement with the work partner because there is a violation of the legal principles of the agreement which can lead to actions that are detrimental to finances. country. Of course, the role of a Notary can only be carried out if there are legal norms that require BUMD to use notarial deeds in cooperation agreements with work partners. Therefore, it is recommended to stakeholders to establish legal norms so that BUMD agreements are in line with the principles of the agreement.