Arrangement and Implementation of Notary Privileges after the Decision of the Constitutional Court Number 49/PUQU-X/2012

Abstract

The formulation of the research problems includes: 1) How is the notary privilege arrangement before and after the decision of Constitutional Court number 49/PUU-X/2012? 2) How is the notary privilege implementation after the decision of Constitutional Court number 49/PUU-X/2012?

The main approach method used in this research is a normative juridical approach; i.e. research that emphasizes legal aspects, by studying the primary and secondary legal materials which will later be used as guidelines in understanding and analyzing the issues under discussion. In addition, the main approach is supported by an empirical juridical approach.

Discussion: 1) since the ratification of Law number 30 of 2004, notary privileges are regulated in Article 4, Article 16, Article 54 and Article 66 paragraph (1), following the decision of Constitutional Court number 49/PUU-X/2012 which grants the petition for judicial review of Article 66 paragraph (1). 2) After the establishment of the decision of Constitutional Court number 49/PUU-X/2012 related to the cancellation of the approval term of the Regional Supervisory Board in Article 66 paragraph (1) of the Law of Notary Position, there is no protection against privileges because investigators, public prosecutors and judges can call and take the copy of the original of the deed and documents in the storage directly without the approval of the Regional Supervisory Board.