Legal Consequences For Notaries Declared Bankrupt Linked To Legal Certainty

Abstract

Notaries have other authorities, namely Notaries have the authority to make authentic deeds regarding all actions, agreements and provisions required by laws and regulations and/or what are desired by those concerned to be stated in authentic deeds. An authentic deed made by a Notary has very strong legal force and is a strong piece of evidence because the Notary's authority is to make an authentic deed in the form of all forms of agreements and others as outlined in the authentic deed, so the law recommends that the parties make authentic deed regarding all actions, agreements so that they have very strong evidentiary power. The problem identification of this thesis is how are the legal consequences for a notary who is declared bankrupt by a court related to legal certainty? and How is the legal power of a deed made by a notary declared bankrupt related to legal certainty? This study aims to find out and analyze the legal consequences for a notary who is declared bankrupt by a court associated with legal certainty and to know and understand the legal force of a deed made by a notary who is declared bankrupt is associated with legal certainty. The type of research used is normative legal research. Based on research that has been carried out by the author using secondary data in the form of regulations, books, scientific journals and others and assisted with primary data in the form of interviews with several relevant sources. The results of this study conclude that a notary can be declared bankrupt by a court, among others, because he is unable to pay compensation to creditors outside his position as a notary, namely as someone with another business that does not violate his position. Furthermore, the legal consequence of the bankruptcy is that the Notary is dismissed dishonorably by the Ministry of Law and Human Rights, which violates the dignity of the Notary in accordance with the rules in the Notary Code of Ethics, so that it is considered a disgraceful act and embarrasses the dignity of the Notary and his position.