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Update Document Management

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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 nonpaper 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 concerns as mentioned earlier, the Indonesian government felt the need to reform the regulatory 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.***

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