---

The Petitioner\'s attorney delivering the subjects of the petition in the preliminary examination hearing of the judicial review of the Notary Law, Tuesday (25/2) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The Indonesia Prosecutors Association (Petitioner I) and four prosecutors petitioned Law No. 2 of 2014 on the Amendment to Law No. 3 of 2004 on the Notary Profession on Tuesday (25/2/2020) in the Constitutional Court (MK).

The Petitioners of case No. 16/PUU-XVIII/2020 review Article 66 paragraph (1) of the Notary Law that reds, "For the purposes of judicial proceedings, investigators, prosecutors, or judges with the approval of the competent notary honor council: a. take a photocopy of notarial act and/or letters attached to the notarial act or in the notary protocol kept by the notary; and b. summoned a notary to be present in the examination relating to the notarial act or protocol that are in the hands of the notary." 

The Petitioners argue that the a quo petition is not ne bis in idem (double jeopardy) with the Constitutional Court Decisions No. 72/PUU-XII/2014 and 22/PUU-XVII/2019 due to difference of legal standing, touchstone, and juridical argument.

"The phrase \'with the approval of the notary honor council\' in Article 66 of the Notary Law lead to the notary honor council having absolute and final authority to approve or disapprove the summons of the notary to be present in the examination of a case. This causes investigators, prosecutors, and judges to be unable to pursue further legal remedies," said Hasbullah, one of the Petitioners\' attorneys. 

Losses due to a quo article were actually experienced by Olivia Sembiring (Petitioner II), as the prosecutor in charge of handling cases of the Criminal Act of Giving False Information into an authentic deed, starting by a police report to investigators No. LP/508/IV/2018/Bareskrim on April 16, 2018. Following the report, the investigators issued an Investigation Order No. SP.Dik/266/V/RES.2.4/ 2018/Dit.Tipidsus on May 15, 2018 and sent a Letter of Notice of Commencement of Investigator (SPDP) No. R/91/V/RES.2.4/2018/Dit.Tipideksus dated May 15, 2018 to the Deputy Attorney General for General Crimes. 

Then in the investigation process, the National Police\'s Criminal Investigation Department (Bareskrim) sent a letter to the Chairperson of the Notary Honor Council of West Java Province No. B/1044/V/Res.2.4/2019/Dit.Tipideksus dated May 3, 2019, which in essence requested approval to examine notary public Patricia Tirta Isoliani Ginting. The Notary Honor Council responded that they had not been able to approve the request. Until today, the investigation has been delayed and harmed or potentially will harm prosecutors and the public.

Strengthening Legal Standing 

Panel chairman Justice Suhartoyo requested that the Petitioners strengthen their legal standing. "The [first part] of this petition is the legal standing. If you cannot strengthen your legal standing, the Court will find it difficult to understand the substance of this petition," he explained.

He also requested that the Petitioners as prosecutors provide strong arguments related to their firsthand experience. "The principle of the prosecutor as the executor of the law, if there is an obstacle in formal law enforcement, may any law enforcement [petition the law]? When this [law] is a political product of the will of the people," Justice Suhartoyo said.

Constitutional Justice Arief Hidayat highlighted the legal standing because the Petitioners are the Indonesia Prosecutors Association legal entity and individual prosecutors who have firsthand experience of the enactment of the Notary Law. "You have to really explain why the Indonesia Prosecutors Association has a legal standing and why prosecutors as the Petitioners have a legal standing. It needs to be explained through a different narrative, including its constitutional damage," he said before suggesting that the Petitioners elaborate the posita. 

Constitutional Justice Manahan M. P. Sitompul observed the chairperson of the Indonesia Prosecutors Association, who filed the petition. "Is it only enough for the chairperson to file the petition? [You must refer to] the statutes and bylaws of the Indonesia Prosecutors Association whether indeed the chairperson [may act on behalf] of the [association]," he said. (Nano Tresna Arfana/Lambang/LA)

Translated by: Yuniar Widiastuti

Translation uploaded 2/27/2020

---