| dc.description.abstract | The drawing up ofdeed ofminutes ofGeneral Meeting ofShareholders
(hereinafter referred to as RUPS), is performed with the presence of a Notary in
the RUPS, and the minutes of the meeting is made by a Notary who attend and
witness, look at, and listen to what is discussed and decided in the meeting. The
research investigates how about the electronic verification of the General
Meeting of Shareholders pursuant to Article 90 paragraph (2) ofthe Law on Limited
Liability Companies (hereinafter referred to as UU PT) and Article 16 paragraph (1)
letter c ofthe Law on Notary Position (hereinafter referred to as UUJN); How about
the validity of the deed ofminutes ofRUPS according to Article 90 paragraph. (2)
of UU PT, and how about the responsibilities of the Notary for the deed of minutes
ofRUPS that is made via electronic media in relation to Article 16 paragraph (1)
letter c of UUJN.
This normativejuridical research is descriptive and uses data sourcedfrom
primary, secondary and tertiary legal materials. The data are collected through
library research, and analyzed by employing qualitative method.
The electronic verification ofR UPS is grounded on Article 90 paragraph (2)
ofUU PT and Article 16 paragraph (1) letter c of UUJN. Finger print can be used to
firmly identify the parties involved in the agreement. Finger print is also used in
notarialpractices whenever the parties cannot put their signature in the authentic
deeds. Article 16 paragraph (1) letter c of UUJN states that it is obligatory to
putfinger print on a deed ofminutes and it is not merely a substitute to signature. As
observedfrom legal certainty point ofview, finger print provides stronger legal
certainty compared to signature as everyone has differentfinger print, thus if there
is any dispute in the.future, nobody will be able to deny it. Asfor the validity ofthe
Deed ofMinutes ofRUPS, it is considered validpursuant to Article 90 paragraph (2)
ofUUPT The validity of authentic deed of electronic R UPS is stipulated in Article
77 paragraph (4) of UUPT, stating that "agreed and signed" means that it is agreed
and signed physically or electronically. In ordinary or conventional R UPS, deed
ofminutes ofR UPS is signed directly andphysically by person appearing before a
Notary. The responsibilities ofthe Notaryfor the deed ofminutes ofelectronic R UPS
held via Teleconference is related to Article 16 paragraph (1) letter c of UUJN, and
the validity is limited to the veracity ofdate, time, and venue where the deed is
drawn up and signed. Meanwhile, the veracity ofits contents such as the decisions in
the electronic RUPS that is written in the deed is the responsibility ofthe Client as the
party grantedpower by R UPS to record all decisions in the R UPS in a Deed, and
ofthe parties who sign the deed. | en_US |
