Constitutional Court (MK) rejected Indonesian Notary Association (HNI) and two other Notaries’ petition. Chief Justice Hamdan Zoelva recited the verdict in hearing held on on Wednesday (12/3) at MK Plenary Room. The Court deemed the petition is not reasonable due to repetitive substance as it has been sentenced before or mutatis mutandis.

“Verdict, refusing the petition entirely,” said Hamdan.

In the consideration, Article 82 paragraph (1), paragraph (2), and paragraph (3) Notary Act were once being reviewed by the Court. The Court opted substance in petition is same matter conveyed in Article 82 paragraph (11) Act 30/2004 or replacement Act 2/2014. Both norms adjudicate single union for notaries in Indonesia, Indonesia Notaries League (INI).

The Court found that the a quo Article was once being pleaded. In 2005, the verdict has been issued and it was stated that there will be only one Notaries Association, INI.

The same verdict also declares that there is no prohibition for notaries to gather in a forum. Nevertheless, Notaries are considered public officials and authorized by the state.

In order to optimizing their task, the Court stated that sustainable monitoring and development are needed. The duty is ideal if it handled by one institution that own authorized standard. According to the Court, it is much simpler for the government should the overseeing mechanism is undergone by single institution.  

Therefore, the Court declared the substance mutatis mutandis. “Conclusion, according assessment over facts and legal, the Court is competent to decide over a quo article, the Plaintiffs have legal standing to file a quo lawsuit, the petition is legally unreasonable,” Hamdan said dropping the sentence.   (Yusti Nurul Agustin)