Constitutional Court (MK) turned down Muhammad Thoha’s petition. In accordance to Act 30/2004 about Notaries Occupation as being converted in Act 2/2014. The verdict was recited by Chief Justice HAmdan Zoelva on Monday (9/29) at MK Plenary Room.   

In the court opinion, recited by Justice Muhammad Alim, according to inauguration regulation of Notaries there is clear distinctive line between notaries and land prosecutors as public official in terms of authorities mandated in law. According to Alim, the authorities are permanent and do not change power and responsibility spiral. “Based on those consideration, Article 15 verse (2) letter f does not oppose Article 1 verse (3) and Article 28D verse (1) 1945 Constitution.” he added.  

Later on, the Court also considered that minister sensibly has the rights to inaugurate notaries in particular areas adjusting with available formation, in order to arrange proper service to Indonesians.   

If the land prosecutors in particular areas have fulfilled the requirement to be inaugurated as Notaries, while no position is needed or available, such rejection is not violating constitutional rights.  

Meanwhile, in accordance to the government rule 37/1998 based on hierarchy examination must adjust with Act 2/2014 so that the Act is not ambiguous.

“Considering those argumentations, the Court states that the request is unreasonable,” Alim said

In the petition, Applicant who attended without companion explained that the his constitutional rights was harmed by the ruling of Article 15 verse (2) letter f, Article 21 juncto Article 22 verse 2 Act of Notaries Occupation. Article 15 verse (2) says “"Notaries authorities comprise : f. issue 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 that 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/kun)