Notary as a noble profession, it should be able to maintain the honor of the profession itself. To that end, the notary is obliged to keep the secret of what is conveyed by a client to it. On the belief that the notary is not supposed to legalize what it should be illegal, even though he has no obligation to investigate the truth of what is informed by his client. 

This was stated by Chief Justice of the Constitutional Court (MK) Hamdan Zoelva in a national seminar entitled "Post- Decision Notary Protection of the Constitution of Republic of Indonesia No. 49/PUU-X/2012 “, at the Faculty of Law, University of Mataram, Lombok, Saturday (25 / 01) in the morning.

Hamdan also said that as a notary public oath before running the office, the notary deed promised to keep the content and information that is obtained in the office. It ‘s become one notary obligation as mentioned in Article 16 paragraph ( 1 ) letter e Notary Act, which, if violated result in punishment in the form of the notary verbal warning up to the heaviest , i.e., dismissal with disrespect.

"Notaries can only give , show or tell the contents of the deed , a copy of the deed or deed to quote people directly interested in the deed , heir , or the person who has the right . Unless otherwise provided by law, according to Article 54 of Law Notary. Not only that, the notary who does not keep his word can also be subject to criminal sanctions referred to in Article 322 paragraph (1) of the Criminal Code," he said to all notaries in NTB.

The obligation to keep the contents of the deed and the information obtained in the execution of his post does not apply in the case related to unlawful acts. Not only that, said Hamdan, limitation of the obligation cannot be found in the Notary Act, but set in the realm of other laws relating to criminal or civil justice process, i.e., suppose stipulated in Law no 8/1981 of the Criminal Procedure Code or regulated in the Penal Code.

"Maybe now this decision is becoming hot among notaries, where we know the decision stating the phrase " with the consent of the supervisory council areas " in Article 66 paragraph ( 1 ) of Law no. 30 of 2004 against the 1945 Constitution and have no binding legal force," said Hamdan.

Hamdan added further, that to understand the relevant decision of the Court in a comprehensive manner, it should be understood that the principles seen in the decision. The first obligation of keeping confidential the legal profession. Where the principle broadly charged to someone who knows secret information, because of the status or rank or profession or specific expertise not to disclose information. And secondly the principle of equality before the law in governance and judicial independence.

Hamdan ended the presentation to deliver, due to the decision of the Court; a notary can be easily called by the investigator and the easier it is to ask for the deed or document that should be kept secret and positions. “Notary bond can make a deal with the police so as not to be easily committed police over a notary, the notary office must remember to save confidentiality of the information," said Hamdan.

This event was attended by Vice Governor of West Nusa Tenggara Muh Amin, Regional Secretary NTB M Nuh, Rector of the University of Mataram Sunarfi, Chairman of the Commission, West Nusa Tenggara, Notaries in NTB, and the students of the University of Mataram. ( Hamdi / mh )