NOTARY'S RESPONSIBILITY FOR ELECTRONIC MINUTES OF SHAREHOLDERS' MEETING INDICATED AS MONEY LAUNDERING CRIME

Abstract

Act 12 of the regulation of OJK Number 16/POJK.04/2020 mentions that minutes of the General Meeting of Stackholder electronically must be notarial deeds without the partisipant’s signature. If Act 9 of the regulation happens, Notary have a problem with the application of the principle of recognizing the user. The questions is how a Notary applies the principle of recognizing the user and how Notary’s responsibility if the deeds are used as a means of money laundering? The type of research is juridical-normative with explorative character and uses statute approach with the technique of data collection using bibliography and document study and analysis method using qualitative method. The result describes that Notary must use the principle of recognizing the user to a third party and company that uses a third party. And Notary can use the principle of recognizing the user of third party in according to their authority. And Notary must be responsible for criminal and administrative aspect of its cause Notary have an active contribution by filling elements of Act 607 paragraph (1) letter a and letter b Criminal Law, and a passive contribution by filling elements of Act 607 paragraph (1) letter c Criminal Law.