Notaris sebagai Pilar Pencegahan Maladministrasi Rups: Perspektif Good Corporate Governance dan Penyuluhan Hukum

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Authors: Brigitte Queency Darmawan, Citra Puspa Amalia, Muhammad Daffa Zacky Parnanda, Vanessa Valencia
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Abstract

This doctrinal legal research analyzes the strategic role of Notaries in preventing maladministration in General Meetings of Shareholders (GMS) through the application of Good Corporate Governance (GCG) principles and the exercise of legal counseling authority. In the context of corporate governance, maladministration in GMS often arises from procedural irregularities, lack of transparency, or non-compliance with statutory requirements, which may later lead to legal disputes. Therefore, the involvement of Notaries is crucial not only as formal legal actors but also as preventive legal safeguards. The findings indicate that, beyond their primary function as drafters of authentic deeds, Notaries play an important preventive role in detecting and preventing maladministration during the preparation and implementation of GMS. The authority to provide legal counseling under the Notary Office Act enables Notaries to guide shareholders and corporate management in understanding and complying with applicable legal norms. Through this authority, Notaries can identify deviations in GMS procedures that are inconsistent with GCG principles and the provisions of the Company Law at an early stage. In conclusion, optimizing legal counseling by Notaries, whether accompanied by the drafting of an authentic deed or not, can serve as an effective control mechanism to ensure transparent, accountable, and legally compliant GMS implementation. This preventive function significantly minimizes the potential for future corporate disputes and strengthens overall corporate governance practices.

Fields of Study & Subjects

Indonesian Legal and Regulatory Studies Corporate Governance and Financial Management Legal and Policy Analysis in Indonesia

Publication details

Journal / source
SENTRI Jurnal Riset Ilmiah
Volume
5
Issue
1
Pages
419–431
Publication date
30 January 2026
Language
EN