The Petitioners’ experts taking an oath before the constitutional justices at a judicial review hearing of the Notary Law, Monday (8/12/2024). Photo by MKRI/Ifa.
JAKARTA (MKRI) — A material judicial review hearing of Article 8 paragraph (1) letter b and Article 8 paragraph (2) of Law No. 30 of 2004 on the Notary Public as amended by Law No. 2 of 2014 on the Amendment to Law No. 30 of 2004 (Notary Law) was held once again by the Constitutional Court (MK) on Monday, August 12, 2024. The petition No. 14/PUU-XXII/2024 was filed by twenty-two notaries. At this hearing, they presented the Association of Land Deed Officials (IPPAT) and several experts.
The Petitioners presented Aris Sudiyanto, a psychiatrist, to explain that in order to be productive, the notary profession requires mental-emotional and spiritual abilities rather than physical and psychomotor abilities.
“Mental and spiritual health includes memory, accuracy, comprehension skills, compassion, and wisdom. Work skills and productivity can often improve over time due to experience in the management of notarial cases,” he said.
He asserted that the notary’s performance and productivity improve thanks to experience. “At the age of seventy, most notaries are still capable or competent to perform their professional duties and functions thanks to experience. The number of notary personnel in most regions in Indonesia has not been sufficient, so it makes sense that the retirement age of notaries be extended to the age of seventy,” he stressed.
Aris assessed that so far, he has been able to play a role, function, and have good work performance and productivity as a notary. If he can maintain his physical, mental, spiritual, and social health until the age of seventy, his retirement can be extended to the age of seventy. He suggested that the retirement age of notaries in Indonesia can be extended to seventy on the condition that they have good physical and mental health as evidenced by doctor’s and psychiatrist’s certificates.
PP-IPPAT (Association of Land Deed Officials central executive body) general secretary Ashoya Ratam as a Relevant Party said that he could not provide an opinion on the judicial review petition of Law No. 30 of 2004 on the Notary as amended by Law No. 2 of 2014 on the Amendment to Law No. 30 of 2004 on the Notary because PP-IPPAT or land deed officials (PPAT) do not have a direct legal relationship with the Notary Law. PPAT, or members of IPPAT, are regulated by the Government Regulation (PP) No. 37 of 1998 on the PPAT.
Meanwhile, constitutional law Maruarar Siahaan said that the notary is a public official appointed and confirmed in a state administrative decree. It is different from a public official who are appointed and elected and confirmed in a state administrative decree, because notaries do not receive income and pension benefits after retirement, while civil servants and other public officials who are appointed/elected are bound in the same public legal relationship but have pension benefits after retirement. He said that from the perspective of the Constitution and Pancasila, the regulation on the position of notaries and their rights is not entirely an open legal policy, but is partly within the constitutional boundary, thus is subject to judicial review.
He believes the principle of a welfare state based on Pancasila as the nation’s morals provides an opportunity for everyone’s right to live to be protected, respected, and realized where justice is served as notaries are equated with other public officials who do not receive salaries from the state budget.
At the hearing, Habib Adjie, an expert on the Notary Law, said that in carrying out their duties notaries will continue assisting the Government, because they as state/government representatives, for example in the field of taxation or PNBP (non-tax revenue), perform services in AHU Online (online public service system of the Directorate-General of General Legal Administration of the Ministry of Law and Human Rights), so that until seventy years of age they continue to help and contribute to the Government, especially to the PNBP of the Ministry of Law and Human Rights of the Republic of Indonesia.
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The Petitioners challenge the retirement age of the notary stipulated in the Notary Law. They allege that the retirement age of the notary at 65 years of age could potentially cause state losses since they are forced to retire at 65 and lose their source of income. They believe this would make these retired notaries a burden for their families and for the state, which has to provide assistance, protection, and decent living for them.
They believe that notaries whose tenure has ended must be responsible for the deeds they have made, pursuant to the elucidation to Article 65 of the Notary Law, despite not having legal protection. The Law does not specifically regulate legal protection for retired notaries, thus creating a legal vacuum. With that argument, the Petitioners allege that Article 8 paragraph (1) letter b and Article 8 paragraph (2) of the Notary Law are in violation of Article 27 paragraphs (1) and (2), Article 28, Article 28C paragraph (1), Article 28D paragraphs (1) and (2), Article 28H paragraph (1), and Article 28I paragraph (2) of the 1945 Constitution.
Therefore, the Petitioners appealed to the Court to declare Article 8 paragraph (1) letter b and Article 8 paragraph (2) of the Notary Law are in violation of Article 27 paragraphs (1) and (2), Article 28, Article 28C paragraph (1), Article 28D paragraphs (1) and (2), Article 28H paragraph (1), and Article 28I paragraph (2) of the 1945 Constitution and thus not legally binding.
Author : Utami Argawati
Editor : Lulu Anjarsari P.
PR : Tiara Agustina
Translators : 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.
Monday, August 12, 2024 | 17:35 WIB 64