Kurniadi, Andre (2021) PEMBERHENTIAN TIDAK HORMAT TERHADAP NOTARIS YANG DINYATAKAN PAILIT DALAM UNDANG-UNDANG JABATAN NOTARIS. S2 thesis, Universitas Jambi.
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Abstract
This study aims to identify and analyze the legal consequences of bankruptcy statements against individuals who work as Notaries, as well as find out and analyze whether bankruptcy statements against individuals who work as Notaries automatically cause the Notary concerned to lose the right to carry out his profession and position. This research uses the Normative Legal Research Method by using a law approach, a conceptual approach, and a case approach. The results of the study, namely, The legal consequences of bankruptcy on an individual who works as a Notary, the regulation is the same as for an individual as regulated in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, is to cause a person to lose the right to act freely on his assets only. , but does not lose the right to carry out his profession and position. Notary positions cannot be bankrupted, because the Bankruptcy Law Number 37 of 2004 has provided clear regulations regarding legal subjects that can be bankrupted, namely, individuals and legal entities. Notaries are categorized as individual legal subjects, and not legal entities, so that if they are bankrupt then only in the capacity as an individual not in office. Second, the legal consequences of the bankruptcy of an individual who works as a Notary do not automatically cause the Notary to be dismissed from his position, because the implementing regulations that are not clear regarding the dismissal of a Notary due to bankruptcy, make it difficult for the Supervisory Council (MPD, MPW, MPP) to determine the criteria. or appropriate benchmarks for assessing the background or causes that resulted in the bankruptcy decision and providing many different interpretations regarding the intent of bankruptcy against a Notary.
Type: | Thesis (S2) |
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Subjects: | L Education > L Education (General) |
Divisions: | Pascasarjana > Kenotariatan |
Depositing User: | KURNIADI |
Date Deposited: | 26 Nov 2021 02:29 |
Last Modified: | 26 Nov 2021 02:29 |
URI: | https://repository.unja.ac.id/id/eprint/27920 |
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