Legal Limitations for Dismissing (Permanent and Temporary) Notaries from their Positions Due to Bankruptcy

Authors

  • Habib Adjie Universitas Narotama, Surabaya, Indonesia

DOI:

https://doi.org/10.1115/italienisch.v11i2.136

Keywords:

Notary, Bankruptcy, Losses, Code of Ethics.

Abstract

Notary Law No. 30 of 2004 specifies that a Notary is dishonourably removed from his office by the Minister on the recommendation of the Central Supervisory Council if he is declared bankrupt by a court judgment with permanent legal effect. Notaries are temporarily terminated from their positions under Article 9 (1) letter an of Law No. 2 of 2014 about Amendments to Law No. 30 of 2004 concerning the Position of a Notary (UUJN-P). The notary was temporarily refused due to bankruptcy or suspension of debt payment duties, and dishonorably fired due to a court order declaring him bankrupt. Notaries can be bankrupt not because based on the Bankruptcy Law, but because of the notary's mistake in doing a deed that makes the parties/appearances claim compensation, which then the notary cannot pay the settlement, and the property owned by the notary is not sufficient to pay the entire payment. The loss. UUJN does not explain the provisions of the two articles, so in this paper, it is necessary to review and interpret the requirements stating that the notary is dismissed (temporarily or permanently) on the grounds of bankruptcy. Notaries are not entrepreneurs but positions, so they cannot be bankrupt based on Law Number 37 of 2004 concerning Bankruptcy and Postponement of Obligation to Pay Debts.

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Published

2021-10-16

How to Cite

Adjie, H. (2021). Legal Limitations for Dismissing (Permanent and Temporary) Notaries from their Positions Due to Bankruptcy. I T A L I E N I S C H, 11(2), 440–446. https://doi.org/10.1115/italienisch.v11i2.136