Bankruptcy as a Reason for Termination of Notary in Indonesia

Abstract

A Notary declared bankrupt can be temporarily dismissed from his position as stated in Article 9 paragraph (1) letter a and if the bankruptcy statement has permanent legal force, the notary will be dishonorably dismissed from his position by the Minister on the proposal of the Central Supervisory Council, as stated contained in Article 12 letter a Law Number 2 of 2014 concerning Notary Position. The article does not provide a detailed explanation regarding the notary who was declared bankrupt and why the bankruptcy was used as an excuse to dismiss a notary from his position. In addition, the dishonorable dismissal of a notary from his position due to bankruptcy is contrary to the legal consequences of bankruptcy for debtors as regulated in Law Number 37 of 2004 concerning Bankruptcy and PKPU. The purpose of this research is to find out how bankruptcy can be used as an excuse for disrespectfully dismissing the notary from his position, knowing the legal position of the notary's office who has gone bankrupt, knowing the process of dismissing the notary in an indiscriminate manner in connection with the bankruptcy that occurred to a notary. Adpaun The research method used is normative juridical. This study uses secondary data. The results of this research are, first, bankruptcy is used as an excuse to dismiss a notary from his position because bankruptcy is an act that is morally an act that defies dignity and opposes the dignity of the notary's position and this act is an act that violates religious norms, polite norm courtesy, moral and legal norms, so that if the notary is declared bankrupt with permanent legal force, the legislators need to dishonorably dismiss the notary from his position. Second, the legal position of a notary who experiences bankruptcy is that the notary is categorized as an individual legal subject and not a legal entity so that if he is bankrupt then only in his capacity as a debtor or an individual, not in his position. Third, the process of disrespectfully dismissing a notary from his position is through the bankruptcy process at the commercial court and the process of imposing sanctions through examinations conducted by the Notary Examining Council in stages.