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Legal Updates

Amendment to Law on Notary Profession

The Government issued the Law No. 2 of 2014 dated 15 January 2014 ("Law No. 2/2014") on Amendment to the Law No. 30 of 2004 on Notary Profession. The Law No. 2/2014 adds two new requirements to be admitted as a notary: a. Complete an internship at a notary office(s) for 24 consecutive months after obtaining a master’s degree in notarial law (M.Kn); b. Never been sentenced for criminal act punishable by imprisonment of five or more years. Prior to the amendment, the internship period was only 12 consecutive months after obtaining an M.Kn degree. Law No. 2/2014 mandates the Minister of Law and Human Rights to form the Honorary Council of Notaries, which will consist of seven individuals representing the notary profession (3 individuals), Government notaries (2 individuals), and academics (2 individuals). Details on the responsibilities and authority of Honorary Council of Notaries will be further regulated by the Minister. Law No. 2/2014 provides the official format for drafting notarial deeds that must be followed by all notaries. Failure to follow the prescribed format will mean the deed will be treated as a privately made deed (akta bawah tangan), which lessens its strength and admissibility as evidence before a court. The most notably new provision is concerning language of a notarial deed which is mandatory to be made in Bahasa Indonesia. At the request of the parties, notarial deed can be made in foreign language which must be translated (or explained) into Bahasa Indonesia by the notary or by a sworn translator. In this case, the sworn translator must also sign the minutes of the notarial deed. If you would like to know more about the above regulation, please contact us.

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