Skripsi

KEWENANGAN NOTARIS PENGGANTI DALAM PEMBUATAN AKTA PENDIRIAN KOPERASI MENURUT UNDANG-UNDANG NOMOR 2 TAHUN 2014 TENTANG PERUBAHAN UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS

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This study examines the dynamics of the conflict of norms regarding the authority of a Notary Substitute in drawing up deeds of cooperative establishment within the era of digitalized general legal administration. Historically, the Law on Notarial Profession (UUJN) grants absolute, attributive authority to all notaries, including notary substitutes, to formulate authentic deeds. However, sectoral regulations at the ministerial level and the AHU Online system implement administrative blockages by requiring a specific certification known as the Notary for Cooperative Deed Formulation (NPAK). Utilizing a normative legal research method with statutory and conceptual approaches, this study reveals a juridical clash between statutory supremacy and technical bureaucratic policies. The position of a Notary Substitute becomes highly vulnerable because their personal digital accounts are rejected by the system, even when substituting for a Permanent Notary who holds the NPAK qualification. Government discretion, such as the policy in the Koperasi Merah Putih case that permitted all notaries to draft cooperative deeds, inadvertently creates transitional legal uncertainty as it is not accompanied by information technology synchronization across ministries. The legal consequence of this digital impediment risks downgrading the authentic deed to a private deed, which ultimately leads to a stagnation of the cooperative's institutional legality in accessing the banking sector and state programs. As a concrete step, this study recommends a regulatory reconstruction by eliminating the sectoral NPAK segregation and synchronizing the AHU Online system algorithm to automatically recognize the decree of appointment for Notary Substitutes. This governance transformation is essential to restore the unified dignity of the notarial profession while ensuring legal certainty and justice for the populist economy.

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Detail Information

Series Title

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Call Number

T2017562026

Publisher

pale : Prodi Magister Kenotariatan, Fakultas Hukum Universitas Sriwijaya., 2026

Collation

v, 183 hlm.; 29 cm.

Language

Indonesia

ISBN/ISSN

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Classification

343.07

Content Type

Text

Media Type

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Carrier Type

-

Edition

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Subject(s)

Prodi Magister Kenotariatan
Akta Pendirian Koperasi

Specific Detail Info

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Statement of Responsibility

MI

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