KEPAILITAN JABATAN NOTARIS DAN AKIBAT HUKUMNYA TERHADAP AKTA-AKTA NOTARIS YANG DIBUATNYA (STUDI KASUS TERHADAP PUTUSAN PKPU NO. 20/PDT.SUS-PKPU/2020/PN.NIAGA.SBY)

Notary is a public official who has the authority to make authentic deeds and has other powers, the authentic deeds is perfect evidence so as to guarantee certainty, order and legal protection. Normatively a Notary can be bankrupt, however the Law of Notary Office and the Law on Bankruptcy and PKPU have no clearer regulations. Devi Chrisniawati was declared bankrupt after The Surabaya Commercial Court Judge rejected PKPU’s request. Bankruptcy can cause a notary to be dishonorably dischanged from his/her duites and authority. Notary bankrupt according to their respective capacities, whether the Notary is bankrupty because of office or outside office, if the bankruptcy is due to position then the Notary Public Law regulates it even though it is not clear that the regulation is contained in the Law on Notary Office. Notary is bankrupt because of office in excercising authority it is not in accordance with the Law on the Office of Notary, namely violating the privisions of Articles 84. Law so as to cause a loss and if the value of the loss is greater so that all the assets of the Notary are insufficient to pay for it is declared bankrupt. Bankruptcy notary outside office, namely a Notary who has a business and in that business is experiencing bankruptcy and fulfills the provisions of Articles 2 paragraph (1) of the Bankruptcy Law and PKPU to be declared bankrupt. A notary as a debtor who is declared bankrupt will lose his ability to manage the assets. The deed that he has made still an authentic deed, because with the bankruptcy, the Notary does not mean that he has lost his authority as a notary and as long as the deed is not denied its validity.