The economic growth of a country is influenced by
foreign investment in the form of limited liability companies. However, name
loan agreements, which are prohibited by Article 33 paragraph [1] of
the Investment Law (UUPM), frequently occur. Court decisions that deem such
agreements valid create legal uncertainty and disadvantage notaries in their
obligation to provide legal counseling and verification of the parties
involved. This ambiguity hinders the performance of notarial duties by Article
15, paragraph [1] of the Notary Law (UUJN).
This research aims to analyze the regulation
regarding name loan agreements in establishing limited liability companies for
foreign investment based on statutory provisions and the legal protection for
notaries concerning the establishment of such companies based on name loans
from a legal perspective.
The research method employed is normative
juridical, using library research to address research questions 1 and 2. This
study also utilizes primary legal materials, secondary legal materials, and
tertiary legal materials as sources of legal information to answer the research
questions.
The findings indicate a lack of legal certainty
regarding the UUPM in Indonesia. This is evident from court decisions that
recognize name loan agreements as valid despite clear prohibitions in the UUPM.
Statutory regulations delineate the authority and obligations of notaries in
the UUJN; however, in establishing limited liability companies involving
foreign investment based on name loan agreements, notaries are only formally
responsible according to the UUJN without considering broader legal
implications.
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