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   bankruptcy as a reason for termination of notary in indonesia  
   
نویسنده delines hamori ,daulay zainul ,fauzi wetria
منبع international journal of multicultural and multireligious understanding - 2020 - دوره : 7 - شماره : 11 - صفحه:318 -324
چکیده    A notary declared bankrupt can be temporarily dismissed from his position as stated in article 9paragraph (1) letter a and if the bankruptcy statement has permanent legal force, the notary will bedishonorably dismissed from his position by the minister on the proposal of the central supervisorycouncil, as stated contained in article 12 letter a law number 2 of 2014 concerning notary position. thearticle does not provide a detailed explanation regarding the notary who was declared bankrupt and whythe bankruptcy was used as an excuse to dismiss a notary from his position. in addition, the dishonorabledismissal of a notary from his position due to bankruptcy is contrary to the legal consequences ofbankruptcy for debtors as regulated in law number 37 of 2004 concerning bankruptcy and pkpu. thepurpose of this research is to find out how bankruptcy can be used as an excuse for disrespectfullydismissing the notary from his position, knowing the legal position of the notary's office who has gonebankrupt, knowing the process of dismissing the notary in an indiscriminate manner in connection withthe bankruptcy that occurred to a notary. adpaun the research method used is normative juridical. thisstudy uses secondary data. the results of this research are, first, bankruptcy is used as an excuse todismiss a notary from his position because bankruptcy is an act that is morally an act that defies dignityand opposes the dignity of the notary's position and this act is an act that violates religious norms, politenorm courtesy, moral and legal norms, so that if the notary is declared bankrupt with permanent legalforce, the legislators need to dishonorably dismiss the notary from his position. second, the legal positionof a notary who experiences bankruptcy is that the notary is categorized as an individual legal subject andnot a legal entity so that if he is bankrupt then only in his capacity as a debtor or an individual, not in hisposition. third, the process of disrespectfully dismissing a notary from his position is through thebankruptcy process at the commercial court and the process of imposing sanctions through examinationsconducted by the notary examining council in stages.
کلیدواژه notary ,bankruptcy ,disrespectful dismissal of notary public
آدرس andalas university, faculty of law, indonesia, andalas university, faculty of law, indonesia, andalas university, faculty of law, indonesia
 
     
   
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