UPDATES DOCUMENT MANAGEMENT

(Indonesian Legal Perspective)

Essay: Peri Farouk

It's no secret, that provision requires the deposit of documents the

company for 30 (thirty) years and limited storage medium only in the form
of documents on paper records an economic and administrative burden is
heavy for the business world. Judging from the storage period, the length
of document storage will result in the incurrence of costs are doubled.
First, in terms of space, the storage certainly require a large storage
space, which eksrtemnya sometimes obviates the need for human
resource space. Secondly, in terms of strength of materials, long-term
storage of paper documents is certainly also need space with placement
and special treatment to protect it from humidity, of the danger of
flooding or fire, acts of irresponsible and others.
Judging from storage, document mencatatatkan liability companies yant
limited to paper media will cause anachronism. Ie the business world we
will be left far from the development, where other countries and
internationally has been so phenomenal transactions that use non-paper
media (paperlles transaction). And on the other side, namely in terms of
the development of the law, that if we still cling to such anakkronisme,
legal authority, especially in the aspect of the proof will decline, because
the law in this case is not used as a tool set that something matters or
problems that occur in society more easily in care or in the finish. In the
business world, the philosophy that should be in the highlight should make
that law as a tool to manipulate social (Law as a tool of social
angineering), rather than as the maker of the new issue (a new troble
maker). This means that all the developments taking place in society is
possible or strived for certain settings. Case in point is often expressed,
that in the case of document management, the company did not save the
document speculation the company for 30 years as stipulated in the Law

on Commercial Law, with practical thinking that the cost of storage for
documents that will be greater than the cost of proving in court if there is
a dispute is concerned with per-company documents.
Departing

from

government

felt

concerns
the

need

as

mentioned

to

reform

earlier,
the

the

regulatory

Indonesian
document

management company, then on the 24th of March 1997 in enacted Law

No. 8 of 1997 on corporate documents. Act briefly has a purpose, which
can achieve efficiencies in the management of corporate documents, and
can provide legal position of all corporate documents stored in media
other than paper as valid evidence.

Efficient Document Management

In essence the goal of achieving efficiencies regulated in Law Company
Documents seen in the following provisions:
Duration store
Article 11 of the Law determines that the record company documents,
evidence of bookkeeping, and financial administration supporting data
must be kept for 10 (ten) years from the end of the fiscal year the
company concerned. This provision is an obligation to change the
document storage company set in the Code of Commercial Law, ie for 30
(thirty) years.
According to the Law Documents firm understanding of the records consist
of annual balance sheet, profit and loss calculation of annual, accounts,
daily transaction journals or any writing containing information about the
rights and obligations as well as other matters relating to the business of
an enterprise kegian. And understanding of bookkeeping evidence
consists of scrip-slips to be used as the basis of accounting that affect
changes in wealth, debt and capital. While the financial administration
supporting data is administrative data related to finance for use as
supporting the drafting and formulation of financial documents, which

consist of supporting data that are part of the evidence for example
bookkeeping accounts between offices, accounts daily or weekly accounts.
The possibility of storage of documents in electronic media.
Article 12 of Law Document Company determined that the documents the
company can switch to the microfilm or other media. Understanding
microfilm is a film that contains a recording material written, printed, and
illustrated in a very small size, while other media is that information
storage instead of paper and has a level of security that can memjamin
authenticity of documents transferred or transformed, for example
Compact Disk Read-Only Memory (CD-ROM), and Write Once Read Many
(WORM).
The responsibility of corporate leaders put forward.
Article 17 to Article 20 of the Constitution Document Company has the
responsibility to put forward the will of the leadership of the company in
terms of the transfer, delivery, and document destruction companies.
Limitations of this provision is that if a certain company documents have
value in order for the national interest, then the documents shall be
submitted to the National aesip Republic of Indonesia.
Previously, specific for State-Owned Enterprises (SOEs) and government
agencies that carry out activities characterized as economic effort,
determination and the culling determination document retention schedule
determined by the National Archives of the Republic of Indonesia, so there
is no flexibility in determining the culling and the determination of the
document retention schedule. Whereas examination and study by the
National Archives this takes time, which is the ultimate consequences
enhancer burden for SOEs or government agencies concerned. Now,
through Article 30 of Law Company Documents, such provisions do not
apply anymore, as specified in the article is that all legislation relating to
corporate documents and provisions of laws and regulations relating to
the storage, transfer, delivery, and culling archives that are contrary to
the Constitution of the Company Document are no longer valid.

Legal Status of Non-Paper Documents

For the second goal, which can provide legal position of all corporate
documents stored in media other than paper as valid evidence, there are
limitations that the leader of the company shall consider the usefulness of
the original manuscript documents that need to be kept in the store
because it contains a particular value in the interest of the company or
national interests. For example, the head of the company shall retain the
original text, in this case corporate documents are transferred into
microfilm or other media is original script that has the strength of
evidence is authentic and still contain a certain legal interest (still
containing the rights and / or obligations still to be fulfilled by interested
parties).
There is also an obligation that any transfer of documents legalized.
Legalization here is the act of ratification of the contents of the document
company in switch or transformed into microfilm or other media that
describes or represents that the contents of company documents
contained in microfilm or other media in accordance with the original text.
If not done legalization, the company documents the proceeds can not
legally be used as legal evidence. This legalization must be made official
report by enclosing a list of descriptions on company documents routed.

Cover
Company Documents Act provide some relief and ease compared with the
old regulations governing the same. However, to be implemented fully
and effectively, we have to wait for government regulation designated by
the laws of this Company Documents. Namely concerning the procedures
for transfer of corporate documents into microfilm or other media and
legalizing; as well as the procedures for submission and destruction of
company documents, because things actually tersebutlah which is the
heart of the renewal of the management of corporate documents.***