Government Represented by acting Dir. Gen. Law and Regulations of Ministry of Law and Human Rights, Mualimin Abdi testified about judicial review on Notaries Act as pleaded by Tomson Situmeang. In the testimonial hearing held on Wednesday (10/29) at MK Plenary Room, Mualimin revealed that Notaries Honorary Assembly shall not become Notaries’ lawyer.

Mualimin said that ii is seen as if Article 66 verse (1), (2), and (3) have yet encountered replacement, although some change to them has been applied. Mualimin said, some changes say the Assembly may decide within 30-day due, while the former Article didn’t say so. After some changes, Article 66 verse (3) says, “Notaries Honorary Assembly must decide within 30 days after letter of permits as determined in verse (1) has been received.”  

In verse (4) in same Article says that if the Assembly failed to reply the request as determined in verse (3) then The Assembly will be considered accepting the request. According to the Government, lawmakers has considered so that Act 2/2004 do not overlap former Act 30/2004.

In response to the Applicant’s request, Mualimin said Notaries Act has regarded the authentic deed which is prompted by three immaculate proves, namely Physical proving, formal proving, and material proving. It is inevitable that some do not comply their duties as they should have done, however, such problems do not set basis for any vile. Stronger basis may only be built after testifying, giving minuta deed to the investigator, without any filtering process.  

“Therefore, it is not exaggerating if the lawmakers apply some changes and stipulate the Act. Furthermore, Notaries Honorary Assembly is demanded to know well about legal procedures,” Mualimin said.

Speaking on behalf of the Government, Mualimin said that Notaries Honorary Assembly is not lawyer for the notaries, instead it is an institution to set proportional measurement about the importance of documents in investigation conducted by the prosecutor. Whether or not the Assembly agrees to issue minuta deed copies must be attached with even stronger reasons, (Yusti Nurul Agustin/mh/kun).