Notary's Responsibility for Forgery of Minutes of Extraordinary General Meeting of Shareholders of a Limited Liability Company (Case Study of Decision Number 149/Pid.B/2019/Pn Gin)

Abstract

Abstract. The holding of an Extraordinary General Meeting of Shareholders that is not in accordance with what has been determined, whether in terms of its implementation being carried out unilaterally or without the knowledge of one of the shareholders, can be said to be an unlawful act, so that for fraudulent acts carried out by parties within the company, the party carrying out the Extraordinary General Meeting of Shareholders without the knowledge of the shareholders can be held accountable for civil or criminal liability for such acts. The method used in this research is a normative legal research method. The approach employed is qualitative. The data types and sources used are primary and secondary data. The data analysis method used in this research is prescriptive. From the results of this study are: The Notary's responsibility for the deeds made before Notary H, SH dated June 19, 2015 in Badung Regency which contains elements of a criminal act in the form of "Participating in Forgery of Letters", then the responsibility given by the Panel of Judges by sentencing the organizer to Impose a criminal sentence on the Defendant with a prison sentence of 2 (two) years. Determine that the evidence be returned to the rightful party, namely the heirs. The consequence of the criminal act in the form of forgery of the appearing party's signature in the deeds made before Notary H, SH dated June 19, 2015 in Badung Regency is that the notarial deed is null and void. For the reason that the element of a "lawful cause" is not fulfilled, which is one of the objective requirements for the validity of an agreement.

Keywords: Court Decisions; Forgery of Documents; Notary Responsibility.