LEGAL CONSEQUENCES OF NOTARIAL DEEDS BASED ON DEFECTIVE CIRCULAR RESOLUTIONS

Abstract

This study analyzes the legal consequences of notarial deeds derived from defective circular resolutions of the General Meeting of Shareholders within Indonesian corporate law. Using a normative legal research method with statutory and case approaches, this study examines Jakarta Administrative Court Decision No. 155/G/2020/PTUN-JKT involving PT Fadlan Mulia Jaya. The findings demonstrate that circular resolutions failing to meet unanimity and contractual validity requirements lack legal validity, thereby undermining the authenticity and binding force of notarial deeds based on such resolutions. From a theoretical perspective, the study confirms that legal certainty and procedural legitimacy are essential elements in validating corporate decisions and notarial acts. Furthermore, notaries may incur administrative, civil, and criminal liability for breaching statutory obligations and professional ethics. This study contributes to the development of normative corporate and notarial law by clarifying the legal relationship between defective corporate resolutions and notarial responsibility.