Petitioner Guntoro in the judicial review hearing of Law on the Office of Notary Public, Tuesday (9/4/2019). Photo by Humas MK/Ganie.

JAKARTA, Public Relations of the Constitutional Court—The revision hearing of the judicial review of Law No. 48 of 2009 on Judicial Power and Law No. 30 of 2004 on the Office of Notary Public was held by the Constitutional Court on Tuesday (9/4/2019). Petitioner of case No. 22/PUU-XVII/2019 Guntoro conveyed to the panel of justices chaired by Constitutional Justice Wahiduddin Adams, “I only reinforce the petition and the revision is only concerned with style. [There is no change in the] substance.”

Guntoro emphasized the petition on his constitutional damages due to the enactment of Article 24 of Law No. 48 of 2009 because the article is limited by a regulation under the law that is in effect starting from April 20, 2016. As a result of the restriction, the Petitioner could not submit a judicial review according to Article 24 of the Judicial Power Law, even though there has been a pretrial ruling that deviates fundamentally and violates the fair trial principle.

According to the Petitioner, this has resulted in a constitutional loss that affects not only the Petitioner; all citizens are also disadvantaged in terms of the right to security, peace, and order, because the pretrial ruling granted the termination of the investigation of a criminal offense.

Article 24 of the Judicial Power Law reads, "(1) With respect to court decisions that have obtained permanent legal force, the parties concerned may submit a judicial review to the Supreme Court, if there are certain matters or conditions specified in the law. (2) A judicial review cannot be conducted on a judicial review."

The petitioner also felt materially and immaterially disadvantaged for the misuse of a fake certificate of land purchase and deed No. 09/2016 made by the PPAT (official certifier of title deeds) notary Nurhayati not according to the legal procedure. I feel that my constitutional rights have been violated by the enactment of Article 66 paragraphs (1) and (4), Article 75 letter a, and Article 79 of Law No. 2 of 2014 as an amendment to Law No. 30 of 2004 because the Notary Honorary Council (MKN) did not want to issue a notary approval. This caused investigators not being able to work properly, while the West Java Jurisdiction Supervisory Council (MPW) did not make any decision despite having held an ethics hearing on June 5, 2018.

Article 66 paragraphs (1) and (4) of the Law on the Office of Notary Public reads, “(1) In the interest of judicial process, the investigators, general prosecutors, or judges with the approval from the notary honorary council shall be authorized to: a. take copy of Minutes of Deed and/or documents attached to the Minutes of Deed or Notarial Protocols kept by the Notary Public; and b. summon the Notary Public to be present in the hearing relating to the deeds he/she draw up or Notarial Protocols kept by the Notary Public. (4) In case the notary honorary council not provide any response within the period referred to in paragraph (3), the notary honorary council is considered to have accepted the request for approval.”

The profession of official certifier of title deeds (PPAT) notary should not only be for the interest of legal certainty and protection for the PPAT notary profession as an official, because according to the Ethics of Rights and Ethics of Care in a great democracy such as Indonesia, the main concern is for the PPAT notary profession to be able to provide guarantee of legal certainty and protection, benefit, and justice to the people extensively. This is why optimization of the enforcement of law and ethics as part of the PPAT notary position in the state is important.

After the petition subject was affirmed, Justice Wahiduddin Adams asked whether there was any change in the petitum, which the Petitioner answered in the negative.

The panel of justices then asked that the Petitioner wait for the confirmation on the next judicial review hearing of the case after the justices deliberation meeting (RPH). (Nano Tresna Arfana/LA/Yuniar Widiastuti)