Electronic Verification of the GMS

Oct 13, 2025 by thesweetdesigns.com 132 views

Notary Responsibility for Making the Minutes of the Minutes of Shareholders (GMS) in accordance with Article 90 paragraph (2) of the Limited Liability Company Law

Introduction

The Limited Liability Company Law (Law of PT) regulates the establishment and operation of limited liability companies in Indonesia. One of the key aspects of this law is the General Meeting of Shareholders (GMS), which is a crucial event for the company's decision-making process. The GMS is a meeting where shareholders gather to discuss and decide on important matters related to the company. In this article, we will discuss the notary's responsibility in making the minutes of the GMS in accordance with Article 90 paragraph (2) of the Limited Liability Company Law.

The Importance of Notary in Making Deed of Electronic Shareholder General Meeting (GMS)

The notary plays a crucial role in the GMS process. The notary is present at the GMS to record, witness, and listen to every discussion and decision taken at the meeting. This is essential to ensure that the minutes of the GMS are accurate and reliable. The notary's presence also provides an added layer of security and authenticity to the minutes of the GMS.

Electronic Verification of the GMS

The Electronic Verification of the GMS is based on Article 90 paragraph (2) of the Law of PT and Article 16 paragraph (1) letter c of the Notary Position Law (UUJN). The use of fingerprints can be used to identify with certainty the parties involved in the agreement. Fingerprints are also used in the practice of notaries when the parties cannot sign the authentic deed. Article 16 paragraph (1) letter c of the UUJN states that the use of fingerprints in the minutes of the Minutes is an obligation, not just as a substitute for signature.

In terms of legal certainty, fingerprints provide stronger legal certainty than signatures because everyone has different fingerprints. This will minimize denial in the event of a dispute in the future. The use of fingerprints as an electronic verification tool provides a secure and reliable way to verify the identity of the parties involved in the GMS.

Validity of Electronic RUPS Minutes Deed

Electronic GMS Minutes Deed is considered valid based on Article 90 paragraph (2) of PT. The validity of the Authentic Electronic GMS deed is regulated in Article 77 paragraph (4) of the PT Law which states that "agreed and signed" means agreed and signed physically or electronically.

In the conventional GMS, the Deed of Minutes of the GMS was signed directly and physically by those present before the Notary. The responsibility of the notary in making the Electronic GMS Minutes Deed through Telekonferences related to Article 16 paragraph (1) letter c of the UUJN, and its validity is limited to the truth of the date, time, and place of manufacture and signing of the deed.

Meanwhile, the truth of the deed such as a decision in the Electronic GMS contained in the deed is the responsibility of the client as the party given the authority by the GMS to record all the decisions in the GMS in a deed, and the parties who signed the deed.

Conclusion

The making of the Electronic GMS Minutes Deed allows the GMS to hold more efficiently and practically. In this case, the notary has the responsibility to ensure the validity of the deed and truth date, time, and place of manufacture and signing of the deed. However, the truth of the contents of the deed remains the responsibility of the client and the parties who sign the deed.

The use of fingerprints as an electronic verification tool provides stronger legal certainty in this process. Thus, the use of technology in the process of making deeds of Electronic GMS Mandinates must still pay attention to aspects of the legality and responsibilities of the parties involved.

Recommendation

Based on the discussion above, we recommend that:

The notary should ensure the validity of the deed and truth date, time, and place of manufacture and signing of the deed.
The client and the parties who sign the deed should ensure the truth of the contents of the deed.
The use of fingerprints as an electronic verification tool should be implemented in the GMS process to provide stronger legal certainty.
The parties involved in the GMS should pay attention to aspects of the legality and responsibilities of the parties involved in the process of making deeds of Electronic GMS.

Future Research

Future research should focus on the implementation of the Electronic GMS Minutes Deed in practice, including the challenges and obstacles faced by notaries and clients. Additionally, research should be conducted on the effectiveness of the use of fingerprints as an electronic verification tool in the GMS process.

Limitation of the Study

This study has several limitations. Firstly, the study only focuses on the notary's responsibility in making the minutes of the GMS in accordance with Article 90 paragraph (2) of the Limited Liability Company Law. Secondly, the study only discusses the use of fingerprints as an electronic verification tool and does not explore other electronic verification tools that can be used in the GMS process.

Conclusion

In conclusion, the notary plays a crucial role in the GMS process, and the use of fingerprints as an electronic verification tool provides stronger legal certainty in this process. The making of the Electronic GMS Minutes Deed allows the GMS to hold more efficiently and practically. However, the truth of the contents of the deed remains the responsibility of the client and the parties who sign the deed. The use of technology in the process of making deeds of Electronic GMS Mandinates must still pay attention to aspects of the legality and responsibilities of the parties involved.
Notary Responsibility for Making the Minutes of the Minutes of Shareholders (GMS) in accordance with Article 90 paragraph (2) of the Limited Liability Company Law: Q&A

Introduction

In our previous article, we discussed the notary's responsibility in making the minutes of the General Meeting of Shareholders (GMS) in accordance with Article 90 paragraph (2) of the Limited Liability Company Law. In this article, we will provide a Q&A section to address some of the common questions and concerns related to the notary's responsibility in making the minutes of the GMS.

Q&A

Q: What is the role of the notary in making the minutes of the GMS?

A: The notary plays a crucial role in the GMS process. The notary is present at the GMS to record, witness, and listen to every discussion and decision taken at the meeting. This is essential to ensure that the minutes of the GMS are accurate and reliable.

Q: What is the significance of Article 90 paragraph (2) of the Limited Liability Company Law in relation to the notary's responsibility?

A: Article 90 paragraph (2) of the Limited Liability Company Law states that the notary must ensure the validity of the deed and truth date, time, and place of manufacture and signing of the deed. This article emphasizes the importance of the notary's role in ensuring the accuracy and reliability of the minutes of the GMS.

Q: What is the difference between the conventional GMS and the Electronic GMS?

A: The conventional GMS is a physical meeting where shareholders gather to discuss and decide on important matters related to the company. The Electronic GMS, on the other hand, is a virtual meeting where shareholders participate remotely using electronic means. The Electronic GMS allows for more efficient and practical participation, but it also requires the use of electronic verification tools to ensure the accuracy and reliability of the minutes.

Q: What is the role of fingerprints in the Electronic GMS process?

A: Fingerprints are used as an electronic verification tool in the Electronic GMS process. Fingerprints provide stronger legal certainty than signatures because everyone has different fingerprints. This minimizes denial in the event of a dispute in the future.

Q: Who is responsible for ensuring the truth of the contents of the deed?

A: The client and the parties who sign the deed are responsible for ensuring the truth of the contents of the deed. The notary's role is to ensure the validity of the deed and truth date, time, and place of manufacture and signing of the deed.

Q: What are the benefits of using the Electronic GMS process?

A: The Electronic GMS process allows for more efficient and practical participation. It also reduces the need for physical presence, which can be time-consuming and costly. Additionally, the use of electronic verification tools such as fingerprints provides stronger legal certainty.

Q: What are the challenges and obstacles faced by notaries and clients in implementing the Electronic GMS process?

A: The challenges and obstacles faced by notaries and clients in implementing the Electronic GMS process include the need for technical expertise, the risk of technical failures, and the need for clear communication and coordination.

Conclusion

Recommendation

Based on the discussion above, we recommend that:

The notary should ensure the validity of the deed and truth date, time, and place of manufacture and signing of the deed.
The client and the parties who sign the deed should ensure the truth of the contents of the deed.
The use of fingerprints as an electronic verification tool should be implemented in the GMS process to provide stronger legal certainty.
The parties involved in the GMS should pay attention to aspects of the legality and responsibilities of the parties involved in the process of making deeds of Electronic GMS.