Legal Analysis of the Principle of Prudence by Notaries in Making Deeds of Minutes of Extraordinary General Meeting of Shareholders (Case Study of Semarang District Court Decision Number 366/PID/2025/PT SMG)

Abstract

This study aims to examine and analyze the application of the principle of prudence by notaries in the preparation of minutes of the Extraordinary General Meeting of Shareholders (EGMS), the limits of legal protection and the form of the deed according to statutory regulations with a focus on Court Decision Number 366/PID/2025/PT Smg. This study uses a normative juridical method with an analytical and case approach. Data sourced from secondary data consisting of primary, secondary, and tertiary legal materials collected through literature studies, then analyzed evaluatively and prescriptively. The results of the study show that notaries are proven to have ignored the principle of prudence in Article 16 paragraph (1) letter a of the Notary Law (UUJN) through failure to verify identity, prepare a draft deed before the meeting, signing without reading, and manipulating the meeting location. This action damages the material authenticity of the deed, violates Article 38 of the Notary Law (UUJN) and fulfills the criminal elements of falsifying an authentic deed in Article 264 paragraph (1) point 1 of the Criminal Code. As a result, the notary's right to reclaim and legal immunity are forfeited by law. This study concludes that fulfilling the formal structure of the deed must be followed by strict material verification through the Customer Due Diligence (CDD) procedure and synchronization of the AHU Online system to ensure certainty and legal protection for the parties.