Act No. 2 By 2014

Original Language Title: Undang-Undang Nomor 2 Tahun 2014

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e34f8ab109b95313231323330.html

LN003 -2014 _ 5491_uu002-2014. doc GAZETTE REPUBLIC of INDONESIA No. 3, 2014. Notary public. The Office. Legal Services. Changes. (Additional explanation in the State Gazette of the Republic of Indonesia Number 5491) Law of the Republic of INDONESIA number 2 by 2014 ABOUT CHANGES in the law number 30 of 2004 of NOTARY OFFICE with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that the Republic of Indonesia as a State of law based on Pancasila and the Constitution of the Republic of Indonesia of 1945 guarantee certainty, orderliness, and legal protection for every citizen; b. that to ensure certainty, orderliness, and the legal protection required tools written evidence is authentic about deeds, agreements, assignments, and law made before or by the competent authority; c. that the Notary as a public official who runs the profession in providing legal services to the community, need to get protection and guarantees in order to achieve legal certainty; d. that some provisions of Act No. 30 of 2004 concerning the Office of a notary is not in accordance with the law and the development of www.djpp.kemenkumham.go.id 2014, no. 3 2 needs of the community so that the necessary changes; e. that based on considerations as referred to in letter a, letter b, letter c, letter d, and the need to establish laws on the changes to the Act No. 30 of 2004 concerning the Office of a notary; Remember: 1. Article 20 and article 21 of the Constitution of the Republic of Indonesia in 1945; 2. Act No. 30 of 2004 concerning the Office of a notary (State Gazette of the Republic of Indonesia Number 117 in 2004, an additional Sheet of the Republic of Indonesia Number 4432); Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES: setting: the law on CHANGES to the Act No. 30 of 2004 CONCERNING the OFFICE of NOTARY PUBLIC. Article I a few provisions in Act No. 30 of 2004 concerning the Office of a notary (State Gazette of the Republic of Indonesia Number 117 in 2004, an additional Sheet of the Republic of Indonesia Number 4432) is amended as follows: 1. The provision of article 1 figure 1, Figure 2, Figure 5, Figure 6, Figure 7, Figure 8, Figure 9, Figure 10, Figure 12, Figure 13, Figure 14 and modified, as well as number 4 is deleted so that article 1 reads as follows : Article 1 In this Act, that is: 1. A notary public is a public officer who is authorized to make an authentic deed and has other authorities referred to in this Act or other legislation. 2014 www.djpp.kemenkumham.go.id, no. 3 3 2. A notary public is an officer who temporarily served as a notary public to run the Office of notary public who died. 3. The notary was a Replacement for a while was appointed as a notary public to substitute Notary who are on leave, sick, or temporarily unable to run his Office as a notary. 4. Removed. 5. Organisation of the Notarial profession is the Organization the Office of notary public in the form of a legal body gathering. 6. The Tribunal Notary Supervisor who then called an Assembly of Trustees is an agency that has the authority and the obligation to carry out the construction and supervision against the notary. 7. a notary deed is a Deed hereafter made by authentic deed or in the presence of the notary according to the forms and procedures set out in this Act. 8. the original Deed is a deed of Minuta and includes the signatures of the witnesses, penghadap, and notary public, which is stored as part of the Notary Protocols. 9. A copy of the Deed is a copy Word for Word from the whole Act and on the bottom copy of the Deed contained the phrase "given as a COPY of the same sound". 10. Quote Deed is a word for word quote from one or several sections of the Act and on the bottom of the Deed listed quotes the phrase "given as a quote". 11. the Grosse Act is one of a copy of the Deed to the recognition of the debt with the head of the Deed "for the SAKE of FAIRNESS UPON the DIVINITY of the ONE TRUE GOD", which has the power of eksekutorial. 12. The formation of the Office of notary public is the determination of the amount of the required Notarized at a district/city. 13. the Notary Protocols is a collection of documents that are the State archives that must be stored and maintained by the notary in accordance with the provisions of the legislation. 14. the Minister is the Minister of the organizing Affairs of the Government in the field of law. 2014 www.djpp.kemenkumham.go.id, no. 3 4 2. The provisions of article 3 of the letter d and the letter f is changed, as well as plus one (1) letter, i.e. the letter h so that article 3 reads as follows: article 3 conditions for can be appointed a notary public as referred to in article 2 is: a. citizen of Indonesia; b. duty to God Almighty; c. aged at least 27 (twenty seven) years; d. healthy physical and spiritual is stated with healthy affidavits from doctors and psychiatrists; e. suitably law degree and graduate level two strata of laws; f. have undergone an apprenticeship or real-real has been working as employees of a notary in a short period of 24 (twenty-four) months in a row at the Notary Office on the initiative or on the recommendation of the notary Organization after graduating two strata of laws; g. no status as civil servants, State officials, advocates, or not currently assume another position by law forbidden to assumed as notary public; and h. never convicted to imprisonment based on the Court ruling which has gained force of law remains for committing a criminal act liable to a criminal prison 5 (five) years or older. 3. The provisions of article 7 is modified to read as follows: article 7 (1) within a period of at least sixty (60) days counted from the date of taking the oath/pledge of Office of notary public, concerned mandatory: a. running the Office with real; b. breaking news event the oath/promise of the Office of the notary public to the Minister, Notary, Organization and Assembly Areas Supervisory; and c. deliver Office address, signature, and paraf, teraan as well as the Office of the Notary Stamp stamp or red to the Minister and other officials in charge of the Organization in the areas of land, notary, www.djpp.kemenkumham.go.id


2014, no. 3 5 the Chairman of the District Court, the Tribunal, as well as Areas Supervisory Bupati/Walikota in place of the notary is appointed. (2) a notary public in violation of the provisions referred to in subsection (1) may be subject to sanctions in the form of: a. a written warning; b. suspension; c. dismissal with respect; or d. termination with disrespect. 4. The provisions of article 9 paragraph (1) letter d modified and plus one (1) letter, i.e. the letter e so that article 9 reads as follows: article 9 (1) a notary was dismissed from his post while because: a. in the process of bankruptcy or suspension of payment; b. are under a pardon; c. doing despicable; d. breach of obligations and restrictions as well as the Office of the notary public code of ethics; or e. is undergoing a period of incarceration. (2) before the suspension referred to in subsection (1) is made, the notary are given the opportunity to defend himself before the Tribunal is a supervisory hierarchical. (3) suspension of notary public as referred to in paragraph (2) was performed by the Minister upon the proposal of the Assembly Center Supervisor. (4) the suspension based on the reasons referred to in subsection (1) of the letters c and d apply the longest 6 (six) months. 5. The provisions of article 11 is amended to read as follows: article 11 (1) a notary public who was appointed State officials obliged to take leave of absence. (2) the leave of absence referred to in subsection (1) apply for a notary to assume positions as State officials. (3) provision of more about Notary leave referred to in subsection (1) is controlled by a regulation of the Minister. 2014 www.djpp.kemenkumham.go.id, no. 3 6 6. The provisions of paragraph (1) and paragraph (2) of article 3 is changed, to read as follows: article 15 (1) a notary is authorized to make an authentic Deed concerning all deeds, agreements, and the assignment required by legislation and/or desired by interested parties for the authentic Deed, stated in the guarantee Certificate creation date certainty, saving Deed, giving grosse, a copy of the Deed and quotations, all of it along the creation Deed that doesn't also commissioned or excluded another officer or other person designated by the Act. (2) in addition to the powers referred to in subsection (1), the notary is authorized: a. validating signatures and set the certainty of the date of the hand with the register in a special book; b. registered mail under the hand with the register in a special book; c. make a copy of the original letter in the form of a copy containing the description as written and portrayed in the letters in question; d. do an endorsement letter with a photocopy of the original match; e. provide legal counselling in connection with the making of the Act; f. create an Act relating to land; or g. made a deed of auction treatise. (3) in addition to the powers referred to in subsection (1) and paragraph (2), a notary has the Authority set forth in other legislation. 7. The provisions of article 16 is amended to read as follows: article 16 (1) in the exercise of his Office, the notary is mandatory: a. acting in trust, honest, impartial, independent, independence, and to keep the interests of the parties concerned in the deeds of the law; 2014 www.djpp.kemenkumham.go.id, no. 3 7 b. makes the Deed in the form of deed of Minuta and save them as part of the Notary Protocols; c. attach the letters and documents as well as fingerprints penghadap on Minuta Deed; d. removing the Grosse Act, a copy of the Deed, or Quote Deed upon Minuta Deed; e. providing service in accordance with the provisions of this law, unless there is reason to reject it; f. keep secret everything about Deed made and any information obtained in order to manufacture Certificate in accordance with the oath/pledge of Office, unless the law otherwise; g. menjilid Deed made in one (1) month of being a book that contains no more than 50 (fifty) Deed, and if the amount of the Certificate cannot be loaded in a single book, the Certificate can be bound to more than one book, and recorded a number of Deed Minuta, month, and year of manufacture on the cover of each book; h. create a list from an act of protest against not being paid or no receipt of the securities; i. make the list a Certificate with regard to the last will and Testament, according to the timeline of the creation Deed every month; j. sends the list of Certificate referred to in subparagraph i or the zero list relating to a will to probate list on the Ministry Center which organizes the Affairs of Government in the field of law within a period of 5 (five) days in the first week of the next month; k. Noting in the repertorium probate list delivery date on the end of each month; b. have a stamp or seal containing the coat of arms of the Republic of Indonesia and on the space melingkarinya is written the name, title, and the seat concerned; m. read out the Deed in the presence of penghadap with was attended by at least two witnesses, or four (4) witnesses specifically for making a will Act under the hands, and signed on the spot by penghadap, witnesses, and the notary; and n. received an intern candidate Notary. www.djpp.kemenkumham.go.id


2014, no. 3 8 (2) the liability of storing Minuta Deed as referred to in paragraph (1) letter b does not apply, in which case the notary Deed issued in originali. (3) any deed in originali referred to in subsection (2) includes the following: a. deed of lease payments, interest, and retirement; b. Act offer a cash payment; c. Act of protest against the not give or not the admissibility of securities; d. Certificate of authority; e. Description ownership Certificate; and f. any other Act in accordance with the provisions of laws-invitation. (4) the Deed in originali referred to in subsection (2) may be made more than one (1) double, was signed at the time, form, and content of the same, provided on each Deed is written the words "VALID AS ONE and ONE APPLIES to ALL". (5) the Deed in the originali contains a power that has not been filled in the name of the recipient authority can only be made within one (1) double. (6) the shape and size of the stamp or the stamp referred to in subsection (1) the letter l is specified with the regulation of the Minister. (7) the reading of an act referred to in subsection (1) the letter m is not required, if the penghadap wants a deed did not read because penghadap have read yourself, know, and understand its contents, provided that it is stated in the cover and on each page Deed Minuta diparaf Deed by penghadap, witnesses, and notary public. (8) the provisions as referred to in paragraph (7) be excluded against the reading head of the Deed, the deed of comparisons of the staple explanations, briefly and clearly, as well as the closing Act. (9) If one of the conditions referred to in paragraph (1) Letter m and paragraph (7) is not met, the Act in question only has the power of proof as the deed under the hand. (10) the provisions as referred to in subsection (9) does not apply to the making of Wills Act. (11) a notary public in violation of the provisions referred to in paragraph (1) letter a to letter l may be subject to sanctions such as: www.djpp.kemenkumham.go.id, no. 3, 2014 9 a. a written warning; b. suspension; c. dismissal with respect; or d. termination with disrespect. (12) in addition to incur penalties as referred to in paragraph (11), violation of the provisions of article 16 paragraph (1) Letter j can be the reason for the party that suffered losses to demand reimbursement of expenses, damages, and interest to the Notary. (13) a notary public in violation of the provisions referred to in subsection (1) the letter n may be subject to sanctions in the form of a written warning. 8. Between article 16 and article 17 pasted one article, namely Article 16A to read as follows: article 16A (1) candidate notary public who was doing the internship mandatory implement the provisions referred to in article 16 paragraph (1) letter a. (2) in addition to the obligations referred to in paragraph (1), a candidate Notary is also obligated to keep secret everything about Deed made and any information obtained in order to manufacture the deed. 9. The provisions of article 17 is amended to read as follows: article 17 (1) a notary public is prohibited: a. running the Office outside the Office; b. leave the territory his post more than 7 (seven) working days in a row without a valid reason; c. remaining as civil servants; d. the remaining positions as State officials; e. remaining positions as an advocate; f. and interim positions as leaders or employees of State-owned enterprises, regional-owned enterprises or private business entities; g. concurrently served as land deed official and/or class II Auction Officials outside the seat of the notary public; 2014 www.djpp.kemenkumham.go.id, no. 3 10 h. became a substitute Notary; or i. do the work others are contrary to the norms of religion, morality, propriety or that may affect the honor and dignity the Office of notary public. (2) a notary public in violation of the provisions referred to in subsection (1) may be subject to sanctions in the form of: a. a written warning; b. suspension; c. dismissal with respect; or d. termination with disrespect. 10. The provisions of article 19 is amended to read as follows: article 19 (1) a notary is obliged to have only one Office, i.e. in place of his position. (2) the seat of the Notary as a land deed official is obligated to follow the seat of the Notary. (3) a notary public is not authorized with the fixed position of running outside the venue of his position. (4) a notary public in violation of the provisions referred to in subsection (2) may be subject to sanctions in the form of: a. a written warning; b. suspension; c. dismissal with respect; or d. termination with disrespect. 11. The provisions of subsection (1) and paragraph (2) article 20 is amended and paragraph (3) are deleted so that article 20 reads as follows: article 20 (1) a notary can run the Office in the form of civil Alliance still pays attention to the independence and impartiality in the exercise of his Office. (2) the form of the Civil Alliance as referred to in paragraph (1) are governed by the Notary based on the provisions of the legislation. (3) is deleted. 2014 www.djpp.kemenkumham.go.id, no. 3 11 12. The provisions of article 22 is modified to read as follows: article 22 (1) the formation of the Office of Notary set based on: a. activities of the business world; b. population; and/or c. average number of Deed made by and/or in the presence of the notary every month. (2) the formation of the Office of notary public as referred to in paragraph (1) are the guidelines for determining the category area. (3) the provisions on the formation of the Office of the notary and the determination of the category of areas as referred to in paragraph (1) and paragraph (2) subject to the regulations of the Minister. 13. The provisions of article 32 plus 1 (one) verse, namely paragraphs (4) to Article 32 reads as follows: article 32 (1) a notary that is running a mandatory furlough submit Protocols to the Notary Notarized a replacement. (2) the notary handed back Replacement notary public Notary to the Protocol after the furlough ends. (3) the handover as referred to in paragraph (1) and paragraph (2) made the news events and conveyed to the Assembly Area Supervisor. (4) a notary public in violation of the provisions referred to in subsection (1), subsection (2), and subsection (3) may be subject to sanctions in the form of: a. a written warning; b. suspension; c. dismissal with respect; or d. termination with disrespect. 14. The title of the second section of chapter V is amended to read as follows: the second part of the notary and Notary Acting Replacements www.djpp.kemenkumham.go.id


2014, no. 3 12 15. The provisions of article 33 is amended to read as follows: article 33 (1) the requirement for a replacement can be appointed a notary and Notary Officer is a citizen of Indonesia suitably law degree and has worked as an employee of the Office of notary public at least 2 (two) years in a row. (2) provisions that apply to a notary public as referred to in article 4, article 15, article 16, and article 17 applies to Substitute Notary and Notary Officer, unless this Act specifies otherwise. 16. Article 34 deleted. 17. The provisions of paragraph (1) of article 35 is amended to read as follows: article 35 (1) If a notary dies, husband/wife or family blood descendants of semenda in a straight line to the second degree of the compulsory Areas Supervisory Tribunal told. (2) the notice referred to in subsection (1) is communicated in writing within 7 (seven) working days. (3) If a notary died at the time of the leave, the task of running the Office of notary public run by a notary Notary Acting as a Substitute most longer than 30 (thirty) days counted from the date of the notary died. (4) the Acting Notary Notary Protocols of the Notary handed who died to Assembly Areas Supervisory longest sixty (60) days counted from the date of the notary died. (5) the Notary Acting as referred to in paragraph (3) and subsection (4) may make a Deed in his name alone and have the Notary Protocols. 18. The provisions of article 37 is amended to read as follows: article 37 (1) a notary required to provide legal services in the field of laws and free of charge to those who cannot afford it. (2) a notary public in violation of the provisions referred to in subsection (1) may be subject to sanctions in the form of: www.djpp.kemenkumham.go.id 2014, no. 3 13 a. oral warning; b. written warning; c. suspension; d. termination with respect; or e. the dismissal with disrespect. 19. The provisions of subsection (1), subsection (4), and subsection (5) of article 38 is changed, so that it reads as follows: article 38 (1) every deed of consists of: a. the initial Deed or deed of head; b. Agency Act; and c. the final Deed or cover. (2) the initial Deed or deed of head contains: a. the title Deed; b. Certificate number; c., day, date, month, and year; and d. complete name and seat of the Notary. (3) the body of the Deed contains: a. full name, place and date of birth, nationality, occupation, title, position, place of residence of the penghadap and/or the people they represent; b. information concerning the position of acting penghadap; c. contents of the Deed which is the will and desire of the parties concerned; and d. the full name, place and date of birth, and occupation, title, position, and place of residence of each witness identification. (4) the final or closing Act contain: a. a description of the reading of the acts referred to in article 16 paragraph (1) Letter m or article 16 paragraph (7); b. a description of the site of the signing and signing or Certificate if there is a translation; c. full name, place and date of birth, occupation, title, position, and place of residence of each of the witnesses of the Deed; and 2014 www.djpp.kemenkumham.go.id, no. 3 2 d. descriptions of absence of changes that occur in the manufacture of Deed or descriptions of any change which may be additions, pencoretan, or replacement as well as a number of changes. (5) the notary deed and Replacement Officials while the notary, in addition contains a provision referred to in subsection (2), subsection (3), and subsection (4), also contain the number and date of the determination of adoption, as well as officials who picked it up. 20. The provisions of subsection (1) and paragraph (2) of article 39 amended to read as follows: article 39 (1) Penghadap should be qualified as follows: a. the lowest age of 18 (eighteen) years of age or has been married; and b. ably doing law. (2) Penghadap should be known by the notary or introduced to him by 2 (two) witnesses the identifier was least 18 (eighteen) years old or have been married and ably perform the Act of law or introduced by 2 (two) other penghadap. (3) Recognition as referred to in paragraph (2) stated expressly in the Act. 21. The provisions of paragraph (2) of article 40 is amended to read as follows: article 40 (1) every deed of Notary is attended by at least two witnesses, unless the regulations specify otherwise. (2) a witness referred to in subsection (1) must be qualified as follows: a. the lowest age of 18 (eighteen) years of age or has been previously married; b. ably doing law; c. understand the language used in the Act; d. be able to affix the signature and paraf; and e. has no blood relationship or marital relationship in a straight line to the top or to the bottom without www.djpp.kemenkumham.go.id 2014, no. 3 15 degrees and line restrictions to the side up to the third degree with a notary or the parties. (3) a witness referred to in subsection (1) must be known by the notary or Notary or introduced to explained about its identity and to the Notary by penghadap. (4) an introduction or statement of identity and authority of the witnesses stated expressly in the Act. 22. The provision of article 41 is amended to read as follows: article 41 infringement of the provisions referred to in Article 38, article 39, article 40 and lead to a Certificate has only the power of proof as the deed under the hand. 23. The provisions of subsection (1), subsection (3), subsection (4), and subsection (5) of article 43 modified and plus one (1) verse, namely paragraphs (6) to Section 43 reads as follows: article 43 (1) compulsory Deed made in Indonesia language. (2) in case penghadap does not understand the language used in the deed, the notary is obliged to translate or explain the contents of the Deed was in a language understood by the penghadap. (3) If the parties had wished, the Certificate can be created in a foreign language. (4) in the event that the deed is made as mentioned in subsection (3), the notary is obliged to translate them into the language of Indonesia. (5) If a notary can not translate or explain it, the Deed translated or explained by an official translator. (6) In the event of a difference of interpretation against the contents of the Certificate referred to in subsection (2), then the Certificate used was made in a language of Indonesia. 24. The provisions of paragraph (2) and paragraph (4) of article 44 and plus one (1) paragraph, namely, subsection (5) to Article 44 reads as follows: article 44 (1) immediately after the Deed has been read, the Deed is signed by each penghadap, a notary public, and witnesses, except when there is a www.djpp.kemenkumham.go.id


2014, no. 16 3 penghadap who are unable to affix the signature by mentioning the reason. (2) the reasons referred to in subsection (1) is stated expressly in the final Act. (3) the Certificate referred to in Article 43 paragraph (3) was signed by penghadap, notary, witnesses, and the official translator. (4) the reading, translation or explanation, and signing as referred to in paragraph (1) and paragraph (3) and in article 43 paragraph (3) is stated expressly in the final Act. (5) breach of the provisions referred to in subsection (1), subsection (2), subsection (3), and subsection (4) results in a Certificate has only the power of proof as the deed under the hand and can be the reason for the party that suffered losses to demand reimbursement of expenses, damages, and interest to the Notary. 25. The provisions of subsection (1) and paragraph (2) of article 48 modified and added one (1) verse, namely paragraph (3) so that the Article 48 reads as follows: article 48 (1) the content of an act prohibited for modified with: a. replaced; b. plus; c. crossed out; d. inserted; e. removed; and/or f. written overlap. (2) changes the contents of the Deed as referred to in paragraph (1) letter a, letter b, letter c, letter d and be done and legitimate if the changes diparaf or other endorsement is marked by the penghadap, a witness, and a notary. (3) violation of the provisions referred to in paragraph (1) and subsection (2) results in a Certificate has only the power of proof as the deed under the hand and can be the reason for the party that suffered losses to demand reimbursement of expenses, damages, and interest to the Notary. 2014 www.djpp.kemenkumham.go.id, no. 3 17 26. The provisions of paragraph (1) and paragraph (2) Article 49 is amended and plus one (1) paragraph, namely, subsection (4) so that the Section 49 reads as follows: article 49 (1) any changes to the Certificate referred to in Article 48 paragraph (2) is made on the left side of the deed. (2) in the event of a change cannot be made on the left side of the deed, the changes made in the final Act, before concluding the deed, with the pointed part of the modified or by inserting an extra sheet. (3) changes made without pointing to the modified section resulted in the amendment null and void. (4) violation of the provisions referred to in paragraph (1) and subsection (2) results in a Certificate has only the power of proof as the deed under the hand and can be the reason for the party that suffered losses to demand reimbursement of expenses, damages, and interest to the Notary. 27. The provisions of subsection (1), subsection (3), and subsection (4) amended article 50 and plus one (1) paragraph, namely, subsection (5) to article 50 read as follows: article 50 (1) if the Deed to be done pencoretan words, letters, or numbers, pencoretan is done in such a way so that it can still be read in accordance with the listed originally, and the number of words, letters, or numbers crossed out stated at the left side of the deed. (2) Pencoretan as referred to in paragraph (1) was declared valid after diparaf or other endorsement is marked by the penghadap, a witness, and a notary. (3) in the event of another change against pencoretan as referred to in paragraph (2), the change is done on the left side of the deed in accordance with the provisions referred to in Article 49 paragraph (2). (4) on the cover of every Deed declared about the presence or absence of changes to the pencoretan. (5) in the case of the provisions referred to in subsection (1), subsection (2), subsection (3), and subsection (4), as well as in article 38 paragraph (4) letter d www.djpp.kemenkumham.go.id 2014, no. 3 18 not met, the Act has only the power of proof as the deed under the hand and can be the reason for the party that suffered losses to demand reimbursement of expenses, damages, and interest to the Notary. 28. The provisions of paragraph (2) of article 51 is amended and plus one (1) paragraph, namely, subsection (4) so that the Section 51 reads as follows: article 51 (1) a notary is authorized to correct typos and/or typographical errors contained on the Certificate has been signed Minuta. (2) Correction as referred to in paragraph (1) will be conducted in the presence of penghadap, witnesses, and the notary who poured in news events and provide a note about it on the original Deed Minuta by mentioning the date and number of the deed of rectification event news. (3) a copy of the deed of a news event as referred to in paragraph (2) obligatory submitted to the parties. (4) violation of the provisions referred to in subsection (2) results in a Certificate has only the power of proof as the deed under the hand and can be the reason for the party that suffered losses to demand reimbursement of expenses, damages, and interest to the Notary. 29. The provision of article 54 is amended to read as follows: article 54 (1) a notary may only give, exposing, or notify you of the contents of the Deed, Deed, a copy of the deed of Grosse or Quote Deed, to the interested parties directly on the Deed, the beneficiary, or any person that acquires the rights, unless specified otherwise by the legislation. (2) a notary public in violation of the provisions referred to in subsection (1) may be subject to sanctions in the form of: a. a written warning; b. suspension; c. dismissal with respect; or d. termination with disrespect. www.djpp.kemenkumham.go.id


2014, no. 3 19 30. The provisions of paragraph (1) of article 60 is amended to read as follows: article 60 (1) of the Act are made by or in the presence of a notary deed is recorded in the Replacement list. (2) a letter under the hand that was passed and the hand that is entered, it is recorded in the list of the hand that was passed and the mailing list under the hand that is entered. 31. The provision of article 63 plus one (1) subsection, namely verses (6) so that the Chapter 63 reads as follows: article 63 (1) of the Protocol Submission as stipulated in article 62 do most longer than 30 (thirty) days with news-making event submission Protocol signed by a notary public who submit and receive the Notary Protocols. (2) in the event referred to in Article 62 a, delivery of Notary Protocols conducted by heirs of the notary public to the Notary designated by the other Trustees. (3) in the event referred to in Article 62 of the letter g, the Notary Protocols submission done by the notary to the Notary designated by the Assembly's other Supervisor the area if a suspension of more than three (3) months. (4) in the event referred to in Article 62 of the letter b, letter c, letter d, letter f, or h, the handover was done by a notary Notary Protocol to another notary public appointed by the Minister upon the proposal of the Assembly Areas Supervisory. (5) the Notary Protocols from other Notary at the time of delivery is 25 (twenty five) years or so submitted by the notary Notary Protocols to the receiver Assembly Supervisor area. (6) in case the notary Protocols are not submitted within the period of 30 (thirty) days referred to in subsection (1), the Superintendent of the regional authorities for taking the Notary Protocols. 32. The provision of article 65 is amended to read as follows: article 65 a notary, notary public, and officials While the notary responsible for every deed of Notary Protocols even though he has been handed over or moved to the keeper of Notarial Protocols. 2014 www.djpp.kemenkumham.go.id, no. 3 20 33. Between Article 65 and article 66 pasted one article, namely Article 65A which reads as follows: article 65A Notary who violates the provisions of article 58 and article 59 may be subject to sanctions in the form of: a. a written warning; b. suspension; c. dismissal with respect; or d. termination with disrespect. 34. The title of Chapter VIII is amended to read as follows: Chapter VIII TAKING PHOTOCOPYING MINUTA DEED and NOTARIAL 35 CALLINGS. The provisions of paragraph (1) of article 66 modified and plus 2 (two) paragraph, namely paragraphs (3) and subsection (4) so that the Article 66 reads as follows: article 66 (1) for the purposes of the trial, the investigator, public prosecutor or judge, with the approval of the Assembly of the honor of the notary is authorized to: a. take photocopying Minuta deed and/or letters attached Minuta Deed or Notarized in Notarial storage Protocols; and b. call a Notary to be present in the examination relating to the deed of Notary Protocols or that are in the storage of the notary. (2) the taking of photocopying Minuta Deed or the letters referred to in paragraph (1) letter a, made the news submission event. (3) the Tribunal honorary Notary in writing within 30 (thirty) working days as of receipt of the letter of request since the consent referred to in subsection (1) is required to provide an answer to accept or reject the request for approval. (4) in the event that the Tribunal does not give answers to a notary of honor in the time period referred to in subsection (3), Honorary Notary Assembly considered receiving approval request. 2014 www.djpp.kemenkumham.go.id, no. 3 21 36. Between Article 66 and article 67 pasted one article, namely Article 66A to read as follows: article 66A (1) in carrying out the construction, the Minister formed the honor Tribunal Notary. (2) Honorary Notary Assembly amounted to 7 (seven) people, consisting of elements: a. a notary as much as 3 (three) persons; b. the Government of as much as 2 (two); and c. experts or academics as much as 2 (two). (3) further Provisions concerning the tasks and functions, the terms and procedures for appointment and dismissal, organizational structure, work and budgets, Honorary notary public assembly organized by ministerial regulation. 37. The provisions of paragraph (3) and paragraph (6) of article 67 amended to read as follows: article 67 (1) Supervision over Notarial done by the Minister. (2) in carrying out the supervision referred to in subsection (1) the Minister form the Assembly of Trustees. (3) the Assembly of the supervisor as referred to in paragraph (2) amounted to 9 (nine), consisting of the elements: a. the Government of as much as 3 (three) persons; b. Organization of Notary as much as 3 (three) persons; and c. experts or academics as much as 3 (three) persons. (4) in the event of an area there is no element of government agencies as referred to in paragraph (2) letter a, membership in the Assembly of Trustees filled from another element that is designated by the Minister. (5) the supervision referred to in subsection (1) includes the behavior of the notary and the implementation of the Office of notary public. (6) the provisions regarding the supervision referred to in subsection (5) applies to a notary and Notary Acting Replacements. www.djpp.kemenkumham.go.id


2014, no. 3 22 38. The provisions of paragraph (1) and paragraph (2) of article 69 is amended and of paragraph (2) and paragraph (3) is inserted 1 (one) verse, namely paragraph (2a) so the Article 69 reads as follows: article 69 (1) Assembly Areas Supervisory formed at the district/city. (2) the membership of the Assembly Areas Supervisory consists of the elements referred to in Article 67 paragraph (3). (2a) in the case of a district/city, the Notary is not proportional to the number of members of the Assembly of the regional Supervisor, can be formed joint Areas Supervisory Tribunal for several Kabupaten/Kota. (3) the Chairman and Deputy Chairman of the Regional Assembly of Trustees elected from and by the members referred to in subsection (2). (4) the term of Office of the Chairman, Vice Chairman, and members of Assembly Areas Supervisory is 3 (three) years and may be reappointed. (5) the Assembly of the regional Superintendent assisted by a Secretary or more designated Assembly Areas Supervisory meeting. 39. The provision of article 73 paragraph (1) letter a and letter e modified and deleted so that the letter g of article 73 reads as follows: article 73 (1) Assembly Areas Supervisory authorities: a. held a hearing to examine and take decision on the report of the community that can be delivered through the Assembly Areas Supervisory; b. call the Notary examination to be performed over the reported reports as referred to in subparagraph a; c. grant permissions on leave more than 6 (six) months to one (1) year; d. inspect and break the top of the decisions of the Tribunal refused to leave areas Supervisory proposed by the rapporteur the notary; e. provide sanctions either oral or written warning warning; f. proposed sanctions against a notary to the Tribunal include: Center Supervisor 1) suspension of three (3) months up to 6 (six) months; or www.djpp.kemenkumham.go.id 2014, 23 2 No. 3) dismissal with disrespect. g. removed. (2) the decision of the Assembly of Trustees Area referred to in subsection (1) the letter e is final. (3) against any decision of the overthrow of the sanctions referred to in paragraph (1) the letter e and the letter f make any news event. 40. The provisions of article 81 is amended to read as follows: article 81 further Provisions regarding the procedures for the appointment and dismissal of the members, and the Organization of work, the budget and the procedures for inspection of Assembly of Trustees governed by regulation of the Minister. 41. The provisions of paragraph (2) of article 82 modified and added three (3) paragraph, namely, subsection (3), subsection (4), and subsection (5) to Article 82 reads as follows: article 82 (1) notary public gathered in one container Notary Organization. (2) Notary Organization Containers as referred to in subsection (1) is a Notary Indonesia. (3) a notary Organization referred to in subsection (1) is the only container of the profession of Notary that is free and independent, formed with the intent and purpose to improve the quality of the profession of notary public. (4) the provisions concerning the purpose, duties, authority, organization of work, and set out in the articles of Association and bylaws of the Organization a notary. (5) the provisions regarding the designation, construction, and supervision of the Notary Organization is controlled by a regulation of the Minister. 42. The provisions of Chapter XI are deleted. 43. The provisions of article 88 is amended to read as follows: article 88 at the time this law comes into force: a. the filing of the petition as a notary public who is being processed, the remains are processed based on Act No. 30 of 2004 concerning the Office of notary public. 2014 www.djpp.kemenkumham.go.id, no. 3 24 b. internship who have traveled the candidate Notary still accounted for based on the requirements set forth in this Act. 44. Among the Article 91 and article 92 inserted 2 (two) article, namely Article 91A and article 91B which reads as follows: article 91A of the Ordinance provisions on the overthrow of the sanctions referred to in article 7, paragraph (2) of article 16 paragraph (11) and subsection (13), article 17 paragraph (2), article 19 paragraph (4), article 32 paragraph (4), article 37 paragraph (2) of article 54, paragraph (2) , and section 65A is set in a regulation of the Minister. Article 91B Regulations implementation of this law should be set the longest one (1) year as of since this legislation enacted. Article II of this Act comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia. Ratified in Jakarta on January 15, 2014, PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on January 15, 2014, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id