Yurisdiksi: Jurnal Wacana Hukum dan Sains (Mar 2021)
Notarist Affairs Reviewed By Law And Notary Department
Abstract
The purpose of this research is to find out whether the provisions in article 12 letter a of the Notary Office Law are not contrary to Law No. 37 of 2004 on bankruptcy related to on the basis of whether notaris can be dismissed from office if it has been decided bankrupt by pengadilan and the verdict has the force hukum fixed.. This research discusses about. apakah provisions in article 12 letter a of the Notary Office Lawdo not conflict with theLaw- Undang bankruptcy related to the dismissal of a notary public who has been declared bankrupt by the Minister.. This research uses Legal Certainty Theory and Justice Theory. This journal is a Normative Juridical research using Statutory Approach and Conceptual Approach. The result of writing this journal is that there is a discrepancy between the Act of pemberhentian Otaris Office and tentang Law No. 37 of 2004 on Bankruptcy because the purpose and conduct of the law is different and the notary dismissal from office is irrelevant when reviewed from the theory of justice and legal certainty. kepastian According to article 12 letter a of the Notary Office Law, a notary public can be dishonorably discharged because it has been declared bankrupt based on a court decision that has obtained permanent legal force. This dishonrespect is a treatment that is in accordance with the concept of bankruptcy because the bankruptcy law itself regulates legal efforts to protect the interests of creditors stipulated in article 24 paragraph 1 of the Insolvency Act. There isno conflictbetween the two laws regarding therelevance of notary dismissal.
