A judicial review hearing of Law the Notary, Tuesday (9/17/2024). Photo by MKRI/Panji.

---

JAKARTA (MKRI) — The material judicial review 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) commenced once again on Tuesday, September 17, 2024. The petition No. 14/PUU-XXII/2024 was filed by twenty-two notaries, who challenge the retirement age of the notary stipulated in the Law.

Today’s hearing for the testimonies of experts for the Government must unfortunately be postponed because the testimonies were only received on Friday, which is not in line with the procedural law, which requires that expert [written] testimonies be submitted two workdays before the hearing. Deputy Chief Justice Saldi Isra, in his capacity as the chair of the session, stressed the importance of consistency in applying rules. He then asked the Government whether they would still present experts or only submit written testimonies.

“Will the Government present the same experts or will written testimonies submitted to the Court suffice?” he asked.

In response, the government proxy Surdianto explained that two experts had been prepared to testify. However, there was scheduling error, as Monday the previous day was a holiday. “The Government would still like to present the experts,” he said.

“So, this hearing is adjourned until Tuesday, October 8, 2024 at 10:30 WIB to hear the DPR (House of Representatives) and two experts for the President, whose written testimonies had been received by the Court but could not be presented today,” Deputy Chief Justice Saldi Isra announced.

Also read:

Provision on Notary’s Age Limit Challenged Again

Case of Notary’s Age Limit Gets More Petitioners

Govt Unprepared, Court Delays Hearing on Notary Law

Govt: Age Requirement for Notary Serves as Parameter

Notary Association’s Executive Board: Provision on Notary’s Retirement Age Harmful

Expert: Most Notaries Still Competent at Age Seventy

Expert: Notary’s Retirement Age Is an Injustice

Law Expert Talks Notary’s Retirement Age

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 term of office 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
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.

---