NOTARY AUTHORITY AND RESPONSIBILITY IN THE PROCESS OF FORMING A LIMITED LIABILITY COMPANY

This study aims to evaluate the role and responsibilities of Notaries in the process of
establishing a Limited Liability Company (PT) and the efforts taken to overcome obstacles in
its implementation. The background of the study departs from the rapid growth of PT in
Indonesia which heavily relies on Notary services to create authentic deeds as the basis for
legal protection for stakeholders. The method used is library research with a juridical�normative approach, reviewing Law No. 40/2007 concerning PT, Law No. 30/2004 jo. No.
2/2014 concerning the Position of Notary, and the Notary Code of Ethics as primary and
secondary legal materials. The results of the analysis show that from the time the founder
appears before the Notary until the ratification process at the Ministry of Law and Human
Rights, the Notary is responsible for guaranteeing the formal validity of the deed of
establishment in accordance with statutory provisions. On the other hand, Notaries often face
technical and non-technical obstacles including bad faith from the appearer—thus requiring
extreme care in document examination to minimize the risk of future disputes.