Legal Analysis of Notary's Responsibility for Deeds of Establishment of PTs Dissolved Based on Court Decisions

Abstract

The deed of establishment of a Limited Liability Company (Limited Company/PT) is an authentic deed drawn up by a notary as an instrument for establishing a legal entity. In practice, a company may be subordinated to a court decision, raising questions concerning the legal position of its deed of establishment and the limits of notarial liability. This study aims to analyze the legal position of the deed of establishment of a PT dissolved capable of a court decision, the notary's liability in relation to the deed, and notarial responsibility from the perspective of Islamic law. This normative juridical study employs a statutory approach and a case approach. Primary legal materials consist of legislation and Supreme Court Decision Number 2183 K/Pdt/2025, while secondary materials consist of relevant scholarly journals and legal literature. The findings show that the dissolution of a PT does not automatically invalidate its deed of establishment. In Decision Number 2183 K/Pdt/2025, the ground for dissolution concerned unlawful conduct in the company's operations rather than a legal defect in the deed of establishment. Accordingly, notarial liability does not arise merely because a PT is dissolved, but must be based on a proven breach of professional duties, fault, negligence, or participation by the notary. From the perspective of Islamic law, the principles of trustworthiness, justice, proper documentation, and individual accountability support a proportionate allocation of liability.