The need for approval of the Regional Supervisor Council (MPD) for the benefit of the judicial process as set forth in Article 66 paragraph (1) of Law No. 30/2004 of the Notary, according to Petitioner attorney Tomson Situmeang, not required or not so relavan in the judicial process. That was conveyed in a court case Number 49/PUU-X/2012 improvement in the Constitutional Court on Friday (22/6).

The provisions of Article 66 paragraph (1) the Act states, "In the interest of the judicial process, investigators, public prosecutors, or judges with the approval of the Supervisory Council of the Regional authorities: a. take photocopies of Minuta Deed and / or letters which are embedded in Minuta paper or Protocol Notary in Notaries storage, and b. Notary summoned to attend the examination relating to the deed made or protocols that are in storage Notary Public Notary. "

According to Tomson, the development of law in Indonesia makes the deed as an absolute proof of that nature. The authentic or notaries deed is required as evidence in legal proceedings conducted. "So if there are indications of a crime, then we think that the notary who made accountable," said Tomson, representing Kant Kamal.

While regarding the process of calling law enforcement or investigation relating to a notary who is in the chapter, according to Petitioner, there is urgency, if not subject to approval of the Regional Supervisor or Supervisory Board Notary, but simply through the organization or council of trustees of the notary’s own. It so happens in the profession as a lawyer, call the lawyer is only done through the organization’s lawyer.

Besides the perfect reason for the petition, the Petitioner also explained another repair. According to Tomson, phrases or sentences "with the approval of the Supervisory Council of the Region" which is expressed in the first trial has been fixed to be "long phrases or sentences with the consent of the Supervisory Council of the Region."

In a previous hearing, the Petitioner has clarified that he felt very aggrieved by the enactment of the Notary, mainly due to the enactment of Article 66 paragraph (1) Law Notary. "The applicant feels aggrieved by the enactment of this section, all the states with the approval of the Regional Council of Trustees," said Tomson. "Therefore, we consider (Section a quo) in conflict with the Constitution of the Republic of Indonesia." (Shohibul Umam / mh/Yazid.tr)