Anisitus Amanat (Petitioner) at the petition revision hearing for the material judicial review of Law No. 2 of 2014 on the Notary Public, Wednesday (1/17/2024). Photo by MKRI/Ifa.

---

JAKARTA (MKRI) — Anisitus Amanat, a notary in who challenges provisions regarding the notaries’ age limit in Law No. 2 of 2014 on the Amendment to Law No. 30 of 2004 on the Notary Profession (Notary Law), attended another material judicial review hearing for case No. 165/PUU-XXI/2023 on Wednesday, January 17, 2024.

The Petitioner challenges Article 8 paragraph (1) letter b, Article 8 paragraph (2), Article 13, and Article 82 paragraphs (1), (2), and (3) of the Notary Law. He alleges these articles are contrary to Article 28D paragraph (1) of the 1945 Constitution due to the age limit for the notary, which is 65 years old and 67 years old after extension. He compares this with the absence of age limits for lawyers, doctors, and dentists, which are regulated in Law No. 29 of 2004 on Medical Practice in conjunction with Law No. 17 of 2023 on Health. These professionals are appointed for an indefinite term. He would like the articles he challenges to be declared unconstitutional.

The Petitioner, who came without any counsel, had revised the petition following the panel’s advice at the previous hearing, for example by making a comparison between countries that limit the age of notaries to seventy.

“In seven countries—Galia, Mexico, Austria, Columbia, and South Korea—the notaries are [up to] 75 years old. In Italy 70 years old. In Japan, 70 years old. In Spain 72 years old. In the Netherlands 70 years old,” he explained before the panel led by Constitutional Justice Daniel Yusmic P. Foekh.

Also read: Notaries’ Age Limit Questioned

The Petitioner had also revised the petitum to request that the justices declare Article 8 paragraph (1) letter b and paragraph (2) of Law No. 30 of 2004, as amended by Law No. 2 of 2014 on the Notary not legally binding if interpreted as “the notary shall resign or be honorably discharged or be sent into retirement for reaching the age of 65 (sixty-five) years of age and may be extended until 67 (sixty-seven) years of age by considering the health of the notary in question.”

“[I request that the Court] declare a notary may be honorably discharged from their job if the results of a medical examination proves that they have hearing impairments that requires consultation with the public before drafting deed documents, visual and speech impairments that may hinder reading deeds, physical impairments in the hands that may impair writing and/or signing deeds, physical ailments due to illness or advanced age that may hinder commuting to and from the office, and mental health issues due to stress or insanity and/or permanent disability, or have resigned or passed away,” the Petitioner said.

Constitutional Justice Daniel Yusmic P. Foekh reminded the Petitioner the petitum does not mention the age limit he supports. Justice Foekh also said that the panel would bring the petition to the justice deliberation meeting to be discussed.

Author       : Fauzan F./L.A.P.
Editor        : Lulu Anjarsari P.
PR            : Andhini S.F.
Translator  : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

---