Judicial Review and the Future of Notary in Indonesia

Abstract

In 2012 a judicial review toward the article 66 of the notary position act 2004 has been carried out by Kamal Kant. The article deem to be discriminated and against the article 27 (1) and 28 D of the constitution 1945. The article 27 (1) and 28 regulate that all of the people are equal before the law. The article of 66 give the different treatment to the notary when they dealing with the law, the police must have the permission from the supervisory council area (notary supervisory council). The constitutional court judges decided that the article 66 indeed against the constitution and then erase the phrase “with the permission of the supervisory council area”.The constitutional court decision brought a significant change to the notary future. First, there is no need any permission from any council when the police investigate the notary post the constitutional court decision. Second, somehow the constitutional court decision is being the reason of the promulgation of the notary position act 2014.

Keywords: notary, act, constitutional court.