The Validity of the Shareholders General Meeting by Using Electronic Media

Abstract

Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) has opened up opportunities for the realization of making a deed using technology by means of video conferencing. The formulation of the research problem is how the validity of the GMS through video conference based on Law number 40 of 2007 concerning Limited Liability Companies and how the binding power of the Notary Deed in the GMS through video conference based on Law Number 2 of 2014 concerning Notary Positions. This research uses normative legal research that uses secondary data. Making a deed using technology by means of video conferencing is still difficult to implement. It happens because if it is related to the Law on Notary Positions, there are still many legal provisions that contradict this. Regarding the authority of the notary in making the deed in the video conference, it cannot be said that it can be implemented, because in the deed there is a clause regarding the presence of the parties, and the signing of the deed. With the exception of the minutes of events conducted with the GMS using technology with video conferencing facilities in Article 77 paragraph (1) of the Company Law and the implementation process is supported by the UUITE. The method used in this study is a normative juridical approach, namely by examining library materials or secondary data which includes books and legal norms contained in the laws and regulations relating to the title in this study. The legality of the presence of the parties in the process of making a notarial deed through video conference is judicially reviewed, it is possible to see Article 5 of the UUITE which has received and acknowledged electronic information and/or electronic documents and/or their printed results as legal electronic evidence and regulates what deeds can be made using technology by means of video conferencing. The strength of proof from the presence of the parties in making the deed carried out through video conference which in this case is in the form of an electronic recording, in civil procedural law is a valid legal evidence because it has met the material and formal requirements.