KEWENANGAN NOTARIS DALAM MENGENALI PRINSIP PEMILIK MANFAAT TERKAIT PENDIRIAN BADAN HUKUM

Abstract

The authority of a notary as referred to in the Law on the Position of a Notary is very broad, one of which includes the act of establishing a legal entity. In terms of its establishment, the legal entity as referred to in Presidential Regulation Number 13 of 2018 is required to identify the beneficiary in order to carry out early detection of money laundering and/or terrorism crimes, but on the other hand there is no further regulation, especially what kind of notary's authority so that it can carry out and provide an assessment of the beneficiary where the legal basis has not been regulated in the Notary Law. The formulation of the problem proposed by the author is the notary's assessment of the beneficial owner in the establishment of a legal entity and the legal consequences of establishing a legal entity where there is no benefit assessment. the research conducted by the author uses normative legal research using statutory approaches and conceptual approaches as well as historical approaches. The result of the discussion is the beneficial owner's assessment related to the establishment of the legal entity by the notary limited to the data of the shareholders and/or the founders of the legal entity, and there is no legal effect on the assessment of the beneficial owner by a notary regarding the establishment of a legal entity.