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Original Research

LEGAL CONSEQUENCES OF PROCEDURAL DEFECTIVE NOTARIAL DEEDS ON THE DEED OF ESTABLISHMENT OF LIMITED LIABILITY COMPANIES

MAYDI SAFIRA J 1, SRI SUSYANTI NUR 2, and MUHAMMAD ASWAN 3.

Vol 18, No 10 ( 2023 )   |  DOI: 10.5281/zenodo.10053823   |   Author Affiliation: Faculty of Law, Hasanuddin University 1,2,3.   |   Licensing: CC 4.0   |   Pg no: 947-960   |   Published on: 16-10-2023

Abstract

An authentic deed contains formal truth based on what the parties have notified the Notary. However, the Notary must ensure that what is included in the notarial Deed is genuinely understood by the parties' wishes. Writing errors due to typing errors may occur in doing an authentic deed by a notary. Typical mistakes in notarial acts can be substantive or non-substantive. This research aims to determine the legal consequences of procedurally flawed notarial deeds. The method used is normative research with approaches, a statutory approach and a conceptual approach. Authentic acts must comply with the provisions regarding the form of deeds stipulated in Article 38 UUJN. Violation of these provisions results in the Deed being formally defective. As a result, the act loses its perfect evidentiary power and only becomes a private deed. Determining a notarial deed whose evidentiary value is degraded as a secret deed must be based on the decision of the District Court; as long as there is no such decision, the relevant act remains valid and binding.


Keywords

Legal consequences; Authentic Deed; Procedural Defects.