Notary Position and Authority in Carrying Out the Process of Managing Business Entity License through OSS (Online Single Submission)

Abstract

This study aims to analyze the position and authority of a Notary in carrying out the process of obtaining a business license using OSS (Online Single Submission) as well as analyzing the obstacles faced by a Notary in carrying out the process. This research is Empirical Research, using the Legislative, Conceptual, and Sociological approach method. Besides that, this research adopts the theory of authority, theory of legal certainty and theory of legal effectiveness. The findings reveal that position and authority of the Notary as an authorized official based on a special power of attorney (mandate) from the business actor. However, a Notary as the official making the deed of establishment of a legal entity will be more effective if he directly registers the legal entity into the OSS system. Furthermore, there are obstacles faced by Notary where there is no legal certainty for Notaries in managing business entity permits using OSS both in the Notary Position Act and Guidelines and Procedures for Business Licensing Services. As for additional obstacles, there are Risk-Based and Investment Facilities and its application in using Notary OSS only based on the power of attorney from business actors, along with technical constraints such as difficulty accessing the OSS website, lack of understanding of business actors on new information on the website, invalid population identification numbers (NIK) and taxpayer identification numbers which commonly occurs when inputting OSS, difficulty in using the Indonesian Standard Classification of Business Fields (KBLI) and obstacles in the aspect of implementation. and obstacles in the aspect of implementation. Keywords: Notary Position, Notary Authority, Online Single Submission (OSS), Business License DOI: 10.7176/JLPG/122-03 Publication date: July 31 st 2022