Notary Authority in the Ratification of Perseroan Terbatas Perorangan Company Documents Formed Through the Electronic System

Abstract

PT Perorangan formed through an electronic system presents administrative efficiency of legal entities, but raises a new problem in notary practice, namely the request for "ratification" of documents that are administratively born from electronic registration. This study analyzes the limits of notary authority in carrying out notarial actions on PT Perorangan documents and its legal consequences on the authenticity of evidence and protection of third parties. The research method used is normative legal research with legislative, conceptual, and prescriptive analytical approaches. The results of the study show that the notary's authority is attributive and limitative in accordance with the Law on Notary Positions, so that notary actions on PT Perorangan documents must be placed in the permissible domain, such as making authentic deeds for certain legal acts, legalization of signatures, waarmerking, and verification of copy suitability. Notaries are not authorized to "ratify" the establishment of a private PT in the sense of a state administrative act that gives birth to the status of a legal entity. From the aspect of proof, electronic documents are recognized as valid evidence according to the ITE regime, but notary actions generally only strengthen the formal aspect of proof and do not necessarily turn electronic documents into authentic deeds. Research recommends standardization of notarial terminology and SOPs so that ultra vires do not occur and for third parties to obtain proportionate certainty.