Rabu, Juli 20, 2022

MA Annuls Requirement for Prospective Notaries to Secure Training Certification

The Supreme Court (Mahkamah Agung – "MA") recently rendered Decision No. 3 P/HUM/2022 ("Decision 3/2022"), which eliminates the requirement for relevant parties to submit Notary Quality Improvement Training Certificates ("Training Certificates") and Code of Ethics Certificates ("Ethics Certificates") in order for them to be appointed as notaries, as was previously required under Regulation of the Minister of Law and Human Rights No. 19 of 2019 on Requirements and Procedures for Appointments, Leave, Transfers, Discharges and Extensions of Office for Notaries ("Regulation 19/2019").
The request for a judicial review of Regulation 19/2019 was submitted by Alkausar Akbar, a prospective notary and land-deed official ("Plaintiff"), who claimed that the requirement to submit Training Certificates and Ethics Certificates ran contrary to the provisions set under Law No. 30 of 2004 on Notaries and its Amendment ("Law 30/2004").
In relation to the above-outlined matters, the MA has now stipulated that the Plaintiff’s claims were legally reasonable and sound and that the requirement to submit copies of Training Certificates was in contradiction with Law 30/2004. However, in its ruling, the MA also affirmed that the Indonesian Notaries Association (Ikatan Notaris Indonesia), as the country’s sole professional organization for notaries, was permitted to exercise its independence through the establishment of a code of ethics and examinations, as well as through the supervision and dismissal of notaries. As a result, the requirement to submit a copies of Ethics Certificates has been deemed proper and correct and not in contradiction with Law 30/2004.
For more on this story, see Hukumonline: “MA Batalkan Syarat Sertifikat Pelatihan untuk Pengangkatan Jabatan Notaris”.

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The Supreme Court (Mahkamah Agung – "MA") recently rendered Decision No. 3 P/HUM/2022 ("Decision 3/2022"), which eliminates the requirement for relevant parties to submit Notary Quality Improvement Training Certificates ("Training Certificates") and Code of Ethics Certificates ("Ethics Certificates") in order for them to be appointed as notaries, as was previously required under Regulation of the Minister of Law and Human Rights No. 19 of 2019 on Requirements and Procedures for Appointments, Leave, Transfers, Discharges and Extensions of Office for Notaries ("Regulation 19/2019").
The request for a judicial review of Regulation 19/2019 was submitted by Alkausar Akbar, a prospective notary and land-deed official ("Plaintiff"), who claimed that the requirement to submit Training Certificates and Ethics Certificates ran contrary to the provisions set under Law No. 30 of 2004 on Notaries and its Amendment ("Law 30/2004").
In relation to the above-outlined matters, the MA has now stipulated that the Plaintiff’s claims were legally reasonable and sound and that the requirement to submit copies of Training Certificates was in contradiction with Law 30/2004. However, in its ruling, the MA also affirmed that the Indonesian Notaries Association (Ikatan Notaris Indonesia), as the country’s sole professional organization for notaries, was permitted to exercise its independence through the establishment of a code of ethics and examinations, as well as through the supervision and dismissal of notaries. As a result, the requirement to submit a copies of Ethics Certificates has been deemed proper and correct and not in contradiction with Law 30/2004.
For more on this story, see Hukumonline: “MA Batalkan Syarat Sertifikat Pelatihan untuk Pengangkatan Jabatan Notaris”.

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