Legal Aspects Of Resolving Legal Entities Limited Liability Company (PT) Through Sisminbakum (Ratification, Approval, Reporting, Notification Of PT)

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Legal Aspects of Resolving Legal Entity Limited Liability Company (PT) through Sisminbakum: Ratification, Approval, Reporting, and Notification of PT Budget

Introduction

The rapid development of internet technology has significantly impacted the performance of notaries, general officials authorized to make authentic deeds. One of the essential deeds made by Notary is the Deed of Establishment of a Limited Liability Company (PT). A PT becomes an official legal entity after being approved by the Minister of Justice. This ratification process, both manually and electronically, is not specifically regulated in the Limited Liability Company Law (UUPT).

In the past, the ratification process was carried out manually, took a long time, and was vulnerable to the accumulation of requests. This has the potential to cause KKN practices to speed up the process. To overcome this problem, the government implemented an electronic system called Sisminbakum (Legal Entity Administration System) in the ratification of the legal entity of PT. Sisminbakum aims to facilitate, accelerate, and increase the accuracy and transparency of the process, so as to minimize KKN.

Background of Sisminbakum

This normative legal research aims to understand the substance of the law, including regular rules and behavior devices, specifically related to the process of resolving the PT Legal Entity through Sisminbakum. Sisminbakum is a legal entity administration system that uses internet media online to manage a request for the settlement of the legal entity of PT.

This completion process includes several stages:

*** Ratification: ** Including the Form of the Notary Deed (FIAN) 1 for the ratification of the Deed of Establishment of PT. *** Approval: ** Using Fian 2 for approval of the Amendment to the Articles of Association of PT. *** Reporting: ** Utilizing Fian 3 for reporting amendments to the Articles of Association of PT. *** Notification: ** Involving Fian 4 for notification of changes in PT and PT.

All Fian transactions are carried out electronically, ranging from filling in data to error notifications. The signing of a Limited Liability Company Decree (SKPT) was carried out electronically by the Director General of General Law Administration (AHU) on behalf of the Minister of Justice.

However, it should be remembered that the law of evidence in Indonesia, both in the Criminal Procedure Code (KUHAP) and the Civil Code (BW), have not recognized electronic evidence as valid evidence.

Sisminbakum Legal Basis

*** UUPT (Limited Liability Company Law) *** *** UUDP (Document and Carement Law) **

The UUDP regulates company documents, including the Deed of Establishment of PT. The Deed of Establishment of PT, as a deed that has received ratification from the Minister of Justice, is an important document in the company. Company documents can be transferred to other media, and the documents it produced have legal force as evidence.

The process of registration of the deed of establishment in Sisminbakum is a form of data transfer from the deed to the database. The resulting ratification letter is the result of the final print or print out of the Department of Law and Human Rights, especially the Directorate General of General Law Administration. This process involves copying data from the deed of establishment into the form of electronic data conducted by a notary.

Sisminbakum's Legal Challenge

The Constitution has not provided adequate legal protection against rapidly developing internet crimes. Although the Constitution states that the decree produced through Sisminbakum is a valid evidence, there is no specific arrangement to protect the sisminbakum process from cyber crime. This has the potential to harm various parties involved, such as notaries as the holder of the User ID, Employees of the Director General of AHU, the Director General of AHU, and the Founder of PT who submitted an application.

Government Efforts to Overcome Challenges

The government seeks to overcome internet crimes by making a Draft Law (Bill) on Electronic Information and Transactions. This bill provides legal protection for internet media users in electronic transactions, including the use of sisminbakum. Immediately the promulgation of this bill is expected to be a legal umbrella for the Sisminbakum process and documents produced through electronic media.

Conclusion

Sisminbakum is a significant breakthrough in the process of resolving the legal entity of PT. This system makes it easier, speed up, and increase process transparency. However, there are still a number of legal aspects that need to be strengthened, especially in terms of legal protection against internet crimes and recognition of electronic evidence. It is expected that the Bill on Information and Electronic Transactions will be immediately enacted to answer the legal challenges faced by Sisminbakum.

Recommendation

Based on the research findings, the following recommendations are made:

  1. The government should prioritize the enactment of the Bill on Information and Electronic Transactions to provide legal protection for internet media users in electronic transactions.
  2. The government should strengthen the legal protection against internet crimes, including the protection of the sisminbakum process and documents produced through electronic media.
  3. The government should recognize electronic evidence as valid evidence in the law of evidence in Indonesia.
  4. The government should provide training and education for notaries, employees of the Director General of AHU, and other parties involved in the sisminbakum process to ensure that they understand the legal aspects of the process.

By implementing these recommendations, the government can ensure that the sisminbakum process is carried out in a transparent, accurate, and secure manner, and that the legal entity of PT is resolved in a timely and efficient manner.
Frequently Asked Questions (FAQs) about Sisminbakum: Resolving Legal Entity Limited Liability Company (PT) through Ratification, Approval, Reporting, and Notification of PT Budget

Q&A: Sisminbakum and its Process

Q: What is Sisminbakum? A: Sisminbakum is a legal entity administration system that uses internet media online to manage a request for the settlement of the legal entity of PT.

Q: What are the stages of the Sisminbakum process? A: The Sisminbakum process includes several stages: Ratification, Approval, Reporting, and Notification.

Q: What is the purpose of the Ratification stage? A: The Ratification stage involves the Form of the Notary Deed (FIAN) 1 for the ratification of the Deed of Establishment of PT.

Q: What is the purpose of the Approval stage? A: The Approval stage involves the use of Fian 2 for approval of the Amendment to the Articles of Association of PT.

Q: What is the purpose of the Reporting stage? A: The Reporting stage involves the utilization of Fian 3 for reporting amendments to the Articles of Association of PT.

Q: What is the purpose of the Notification stage? A: The Notification stage involves the use of Fian 4 for notification of changes in PT and PT.

Q: How are Fian transactions carried out? A: All Fian transactions are carried out electronically, ranging from filling in data to error notifications.

Q: Who signs the Limited Liability Company Decree (SKPT)? A: The signing of the SKPT is carried out electronically by the Director General of General Law Administration (AHU) on behalf of the Minister of Justice.

Q&A: Sisminbakum Legal Basis and Challenges

Q: What are the legal bases of Sisminbakum? A: The legal bases of Sisminbakum are the Limited Liability Company Law (UUPT) and the Document and Carement Law (UUUDP).

Q: What is the significance of the Deed of Establishment of PT? A: The Deed of Establishment of PT is an important document in the company, and it has received ratification from the Minister of Justice.

Q: What is the process of registration of the deed of establishment in Sisminbakum? A: The process of registration of the deed of establishment in Sisminbakum involves copying data from the deed of establishment into the form of electronic data conducted by a notary.

Q: What are the legal challenges faced by Sisminbakum? A: The legal challenges faced by Sisminbakum include the lack of adequate legal protection against rapidly developing internet crimes and the recognition of electronic evidence as valid evidence.

Q&A: Government Efforts to Overcome Challenges

Q: What are the government's efforts to overcome the challenges faced by Sisminbakum? A: The government is making a Draft Law (Bill) on Electronic Information and Transactions to provide legal protection for internet media users in electronic transactions.

Q: What is the expected outcome of the Bill on Information and Electronic Transactions? A: The Bill on Information and Electronic Transactions is expected to provide a legal umbrella for the Sisminbakum process and documents produced through electronic media.

Q&A: Conclusion and Recommendation

Q: What is the conclusion of the research on Sisminbakum? A: Sisminbakum is a significant breakthrough in the process of resolving the legal entity of PT, but there are still several legal aspects that need to be strengthened.

Q: What are the recommendations for the government to overcome the challenges faced by Sisminbakum? A: The government should prioritize the enactment of the Bill on Information and Electronic Transactions, strengthen the legal protection against internet crimes, recognize electronic evidence as valid evidence, and provide training and education for notaries and other parties involved in the sisminbakum process.