Legal Implications for Notaries who do not Report Owner Benefit Company Limited by Positive Law in Indonesia

This study aims to analyze Indonesian positive law regulating the reporting of Beneficial Owners in Limited Liability Companies, as executed by Notary Publics, and examine the legal implications for Notaries who fail to report Beneficial Owners in Limited Liability Companies based on positive law in Indonesia. The type of research utilized is normative research. The results indicate that the arrangement of Beneficial Owners in Limited Liability Companies, conducted by Notaries, is governed by Indonesian positive law established in Presidential Decree Number 13 of 2018 concerning the Implementation of the Principle of Recognizing Beneficial Owners of Corporations for the Prevention and Eradication of Money Laundering and Terrorism Financing Crimes. Additionally, Government Regulation Number 43 of 2015 on Reporting Parties in the Prevention and Eradication of Money Laundering Crimes also outlines the obligation for Notaries to report service users. When fulfilling their role as reporters, Notaries must adhere to the Principle of Recognizing Service Users regulated in Permenkumham Number 9 of 2017, which must be applied to their service users, including Limited Liability Companies. Consequently, the implications of failing to report Beneficial Owners in Limited Liability Companies by Notaries may result in repercussions ranging from blocking the Notary's account in AHU online to administrative sanctions under the Notary Law.

Authors

Publication Details

Journal
International Journal of Judicial Law
Published
2025-01-01
DOI
https://doi.org/10.54660/ijjl.2025.4.3.61-69
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

Legal Implications for Notaries who do not Report Owner Benefit Company Limited by Positive Law in Indonesia

Muhammad Sood, Ni Putu Ika Nopitasari, H Hirsanuddin
International Journal of Judicial Law
Indonesian Legal and Regulatory Studies
article

Legal Implications for Notaries who do not Report Owner Benefit Company Limited by Positive Law in Indonesia

Muhammad Sood, Ni Putu Ika Nopitasari, H Hirsanuddin
article en

Abstract

This study aims to analyze Indonesian positive law regulating the reporting of Beneficial Owners in Limited Liability Companies, as executed by Notary Publics, and examine the legal implications for Notaries who fail to report Beneficial Owners in Limited Liability Companies based on positive law in Indonesia. The type of research utilized is normative research. The results indicate that the arrangement of Beneficial Owners in Limited Liability Companies, conducted by Notaries, is governed by Indonesian positive law established in Presidential Decree Number 13 of 2018 concerning the Implementation of the Principle of Recognizing Beneficial Owners of Corporations for the Prevention and Eradication of Money Laundering and Terrorism Financing Crimes. Additionally, Government Regulation Number 43 of 2015 on Reporting Parties in the Prevention and Eradication of Money Laundering Crimes also outlines the obligation for Notaries to report service users. When fulfilling their role as reporters, Notaries must adhere to the Principle of Recognizing Service Users regulated in Permenkumham Number 9 of 2017, which must be applied to their service users, including Limited Liability Companies. Consequently, the implications of failing to report Beneficial Owners in Limited Liability Companies by Notaries may result in repercussions ranging from blocking the Notary's account in AHU online to administrative sanctions under the Notary Law.

International Journal of Judicial LawVol. 4(3)
Openalex Percentile: Top 86%
Indonesian Legal and Regulatory Studies
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