LEGAL CONSEQUENCES FOR THE POSITION OF A NOTARY DECLARED BANKRUPT

Abstract

The insolvency of a notary can yield substantial consequences for their professional standing, potentially impacting the provision of notary services to the general public. According to Article 12 letter A of Law No. 30 of 2004, also known as the Office of a Notary Act (UUJN), a notary may face dishonourable dismissal if they are officially declared insolvent. The objective of this study is to examine and assess the legal consequences that arise in the Indonesian legal framework when a notary is declared bankrupt. This will be achieved by conducting a comparative analysis of bankruptcy provisions under Law Number 30 of 2004 regarding the Position of Notary (UUJN) and Law Number 30 of 2007 regarding Bankruptcy and Postponement of Debt Payment Obligations (UUK PKPU). This research use normative and empirical legal methodologies to examine the legal provisions pertaining to the status of notaries who have been declared bankrupt, as well as the practical implications these rules have on the field of law and the provision of notary services. The study findings indicate that there is a convergence in the concept of bankrupt notaries as outlined in the UUJN and UUK PKPU. While the UUJN defines a bankrupt notary as an individual occupying a position unrelated to bankruptcy, the UUK PKPU does not associate the notion of bankruptcy with the role of a notary. According to the UUJN, if a notary is found bankrupt by the court, the legal result is dishonourable dismissal. This implies, as per UUK PKPU, that the individual declared bankrupt is rendered legally incapable of performing any legal actions.