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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 7, ISSUE 2 (2025)
Legal protection for notaries in the establishment of foreign investment limited liability companies based on name loan agreements
Authors
Nouval Dhia Fairul, Sri Walny Rahayu, Sulaiman
Abstract

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.

Evaluating court decisions that validate name loan agreements is necessary to prevent legal uncertainty. Additionally, a review of statutory regulations is needed to ensure that notaries have a clear role and responsibility concerning establishing limited liability companies for foreign investment, thereby providing clearer legal certainty regarding name loan agreements
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Pages:150-154
How to cite this article:
Nouval Dhia Fairul, Sri Walny Rahayu, Sulaiman "Legal protection for notaries in the establishment of foreign investment limited liability companies based on name loan agreements". International Journal of Law, Policy and Social Review, Vol 7, Issue 2, 2025, Pages 150-154
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