Problematika Norma Hukum Kepailitan Mengenai Notaris Yang Dinyatakan Pailit Berdampak Pada Pemberhentian Jabatan Notaris

Abstrak

The purpose of this research is to analyze and find clarity on the bankruptcy arrangement of a Notary an impact on dishonorable dismissal. The type of research used is normative legal research method. The result of this study is that there is a normative problem between Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations with Law Number 2 of 2014 concerning the position of Notary is in Article 12 letter a The Law on the position of Notary gives rise to many different interpretations, then referring to principle of les specialis derogat legi generalis The Law of Notary Office has more specific characteristics to regulate bankcruptcy notary. That based on this article the legal impact arising from the bankruptcy of a Notary is dishonorable dismissal caused by an error in carrying out his duties was not due to acting as a legal subject representing an individual as a person who has a debt. These provision are different from legal impact that exists in general in the bankruptcy law which determines that a person only loses his right to control and manage all of his assets, this is in accordance with the provisions of Article 24 of the Bankruptcy Law.