It is not necessary to obtain a notary license to establish a company, but for incorporated companies, a notary license must be made by the following provisions:

1. Company Law

Article 109 number 2 of Perppu 2/2022, which amends Article 7 paragraph (1) of the PT Law, emphasizes that a company can be established by 2 (two) or more persons with a notarial deed made in the Indonesian language.

• Foundation Law

Article 9 paragraph (1) and paragraph (2) of Law 16/2001 states that one or more people can establish a foundation by providing part of the founder’s wealth as initial wealth. The foundation is established by notarial deeds and in the Indonesian language.

Based on these provisions, a Company’s establishment must be based on a notarial deed.

The government does not provide salaries to notaries. This is regulated in Article 36 paragraph (1) of Law 30/2004, which states that notaries are entitled to receive compensation for legal services provided by their authority. Notaries generally receive honoraria from the public for the legal services they provide.

To become a notary, one must fulfill the conditions stipulated in Article 3 of Law 2/2014, namely:

1. Indonesian citizen;
2. Fearful of God Almighty;
3. At least 27 years old;
4. Physically and mentally healthy as stated by a health certificate from a doctor and psychiatrist;
5. Have a bachelor’s degree in law and a graduate of the undergraduate level of Kenotariatan;
6. Have undergone an apprenticeship or worked as a Notary employee for at least 24 consecutive months at a Notary office on their initiative or on the recommendation of the Notary Organization after graduating with a second degree in notarial science.
7. Not having status as a civil servant, state official, advocate, or not holding another position that is prohibited by law to be concurrent with the position of Notary; and
8. Has never been sentenced to imprisonment based on a court decision that has obtained permanent legal force for committing a criminal offense punishable by imprisonment of 5 (five) years or more.

Legal Basis:

1. Law Number 16 of 2001 concerning Foundations;
2. Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations;
3. Law Number 30 of 2004 concerning Notary Position;
4. Law Number 40 of 2007 concerning Limited Liability Companies;
5. Law Number 2 of 2014 Concerning the Amendment to Law Number 30 of 2004 Concerning the Position of Notary;
6. Government Regulation instead of Law Number 2 of 2022 concerning Job Creation;
7. Law Number 6 of 2023 on the Stipulation of Government Regulation instead of Law Number 2 of 2022 on Job Creation into Law.

Reference:

Hukumonline.com