PEMENUHAN ASAS KELANGSUNGAN USAHA DALAM KEPAILITAN TERHADAP PEJABAT NOTARIS YANG DIPUTUS PAILIT

Everyone has the right to recognition, guarantee, protection and fair legal certainty and equal treatment before the law. Thus reads Article 28 D paragraph (1) of the Second Amendment to the 1945 Constitution of the Republic of Indonesia. Of course, the authority of a Notary as a General Official to make an authentic deed is also to ensure the creation of legal certainty and protection as outlined in an authentic deed. However, the position of a bankrupt Notary in Article 21 in conjunction with Article 22 letter b in PKPU is contrary to UUJN and in PKPU there is no specific regulation regarding the Principle of Business Continuity for Public Officials such as Notaris, so this will become a legal vacuum and needs to be studied. In conducting this research the author uses the normative jurisids research method which is strengthened by the opinion of a notary in the interview that the author conducts. Which is where a thought arises that the bankruptcy of a Notary in the UUJN can be done when a Notary makes a mistake in making a deed, but when viewed from the PKPU point of view, a Notary cannot be bankrupted because he is not a legal subject in PKPU. As well as in the Bankruptcy regulations, there is a business continuity principle that guarantees bankrupt debtors to continue to run their business, but not for debtors who serve as public officials, such things should be considered by lawmakers so that there is no empty regulation