Revision on Notary Act Review: Applicant Adds New Petition
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The advanced trial on review of Law Number 30 Year 2004 concerning Notary held by the Constitutional Court (MK) on Tuesday (18/2) in the Meeting Room of the Court. Case registered with the Registrar of the Court Number 5/PUU-XIII/2014 was filed by Muhammad Thoha.

In the revised petition, Petitioner presents without attorney explaining he had revised requests in accordance with the advice constitutional judges in the previous trial. Applicant transforms the tested article. "Initially, the test of Article 21 and Article 22 paragraph (2), the Applicant change into paragraph (3) Law Notary paragraph of Article 28C (1), Article 28D paragraph (1), Article 28E (1), and Article 28 paragraph (2) UUD 1945," he said.

In addition, Thoha revealed has changed the structure or contents of the original petition included claims provision. "In accordance with the provision of advice Applicant and the Applicant remove the contents of the petition to change slightly as suggested by the panel of judges," he said.

Then, Thoha also describes the addition of a new petition in the petition. The addition of the new petition is to give a constitutional interpretation of Article 21 and Article 22 paragraph (3) Law Notary. "The applicant requested that the Constitutional Assembly to give constitutional interpretation to the determination of the formation of a notary office in Article 21 and Article 22 paragraph (3) that, with the stated constitutional conditional or conditionally constitutional in the sense that the formation of the notary office of his appointment and the requirements applicable to all citizens except for citizens who have been appointed in the decree of the National Land Agency of the Republic of Indonesia on the Appointment of Regional Working as an official land deed (PPAT)," he said.

In a previous hearing, the applicant argued that his constitutional rights violated by the enactment of Article 15 paragraph (2) letter f, Article 21 in conjunction with Article 22 paragraph (2) of Law Number 30 Year 2004 concerning Notary. Article 15 paragraph (2) letter f Law Notary explains "authorized Notary anyway: f. makes a deed relating to land". While Article 21 of the Law on Notary mentions “the Minister is authorized to determine Notary Formation in the area referred to in Article 18 paragraph (1) to consider the proposal of Notary Organization. While Article 22 states "Further provisions on the formation Notary referred to in paragraph (1) Regulation of the Minister“.

Thoha explained he had passed the selection test appointment of a Land Deed Official Decree of 2012 by the National Land Agency Number 912/KEP-17.3/XI/2013 dated 20 November 2013. However, when the application for the appointment of a notary public official who proposes it rejected directly by the Customer Service Officer Director General of General Law Administration of the Ministry of Justice and Human Rights on the grounds limited formation. In fact, according to the Petitioner, in Article 3 of Law quo does not mention that the formation of the Notary office is an absolute requirement for the major and whether or not a person appointed as a Notary. (Lulu Anjarsari / mh )


Tuesday, February 18, 2014 | 17:24 WIB 139