Disharmoni Certification in the Authenticity Perspective of the Deed of Establishment of Cooperative by Notaries

Khusnul Yaqin, Endang Prasetyawati


Notary is a public official authorized to make authentic deeds and other authorities as referred to in UUJN. Cooperatives as a soko guru economy of the people really need the participation of the government in relation to the establishment, granting the status of legal entities, and amendments to the articles of association and co-operative development are the authority and responsibility of the government. Associated with the deed of ratification of cooperatives as a legal entity in Law No. 25 of 1992 there were no provisions governing cooperative deed-making officials. But in Kepmenkop No. 98 / Kep / M.KUKM / IX / 2004 specifically mentioned in article 4 that Notary makers of cooperative deeds are general officials appointed based on Notary Position Regulations, which are given the authority to, among other things, make deed of establishment, deed of amendment to articles of association and deeds others related to cooperative activities.With the notarial deed of the cooperative which has the authority to make a deed of establishment and amendment to the cooperative statute as stipulated in Kepmenkop No. 98 / Kep / M.KUKM / IX / 2004, then there is a legal conflict with the first legal problem of Disharmoni, the existence of certification of the cooperative establishment deed for notaries as public officials. And the second legal issue is the legal position of Kepmenkop No. 98 / Kep / M.KUKM / IX / 2004 in the perspective of the Act of Notary Position.The completion of the two legal problems uses several legal theories, namely the theory of the purpose of law, the theory of justice, the theory of expediency, the theory of certainty, the theory of authority and the theory of legislation. Besides that, it also uses several concepts, namely the concept of authenticity of deeds, the concept of general officials, professional concepts, the concept of certification, the concept of disharmony and the concept of cooperatives.Kepmenkop No. No. 98 / Kep / M.KUKM / IX / 2004 in the perspective of UUJN, that UUJN in the consideration of the part considering its formation does not refer to Law No. 25 of 1992, but in Kepmenkop No. 98 / Kep / M.KUKM / IX / 2004 section recalls mentioning notary participation. In UUJN no special notary or certified notary was found, and no special deed was found based on ministerial regulations. Therefore Kepmenkop No. 98 / Kep / M.KUKM / IX / 2004 are not based on the provisions stipulated in UUJN that the notary has the authority to make authentic deeds related to the agreement. If the fact is that the cooperative's deed of establishment and / or amendment to the cooperative statute constituting an agreement is made before a notary who has certification as determined by article 4 of Kepmenkop No. 98 / Kep / M.KUKM / IX / 2004, then this is contrary to the tiered theory / theory of legislation, namely stufenbau theory.

Keywords: Disharmony of Certification, Authenticity of Notary Deed, Establishment of Cooperatives.

DOI: 10.7176/JLPG/83-03

Publication date:March 31st 2019

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