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An advocate, Tomson Situmeang pleaded for requirement of Justices and prosecutors authority limitation. The trial was held on Thursday (9/4). Applicant’s plaintiff, Charles Hutagalung presents in the trial led by Constitutional Justice, Maria Farida Indrati.

Previously, the Plaintiff pleaded the regulation in Article 66 verse (1), (2), and (4) Act of Notaries. The Articles arranges the authority of Notaries Honorary Assembly (MKN) for the investigation interests. Ruling act as follows:

Article 66 Act of Notaries

(1) For the importance of court, investigator, prosecutor, and Judges with the acknowledgement of Notaries Honorary Assembly: a. taking photocopy decree or Notaries Protocol in Notaries’ saving; and b. Summon Notaries to present in the examination, related to Decree or Notaries’ Protocol which situated in notaries’ saving.

 (2) Taking copies of Decree or other letters as contained in verse (1) letter must be written in the official report,  

(4) If the honorary council didn’t give an answer in particular period as contained in verse (3), honorary council is considered has received the agreement application.

Charles explained that the regulation hinders Plaintiff’s Constitutional Rights. The ruling of Article 66 verse (1) Act of Notaries gives negative consequences to the law enforcer, by the advocate, prosecutor, or Justice which may end up in the independency loss.   

Aside from it, Charles revealed that the Article gives an impression that, Justice, prosecutor, and investigator are situated below MKN. This happened because only under MKN’s authority the law enforcers can receive the copy of Decree or Notaries’ protocol.

Being Revived

According to the Plaintiff the regulation has been annulled by MK on May 28, 2013. The verdict says MKN’s agreement opposed the principle of independency in judicial process.

By the revival, Constitutional rights of Plaintiff might be violated. Furthermore, the ruling also implies the annulment of judiciary’s integrity. No wonder, that one day public’s trust will be descending gradually.(Yusti Nurul Agustin/mh/kun)

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