ANNEX I.10

LAW OF THE REPUBLIC OF INDONESIA NUMBER 30 YEAR 2004

CONCERNING NOTARY

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LAW OF THE REPUBLIC OF INDONESIA

NUMBER 30 YEAR 2004

CONCERNING

NOTARY

BY THE GRACE OF GOD THE ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: a. that the State of the Republic of Indonesia as a rule of law country based on Pancasila and the

1945 Constitution of the Republic of Indonesia shall guarantee legal certainty, orderliness and protection containing the truth and justice;

b. that in order to assure legal certainty, orderliness and protection, authentic writing evidence pertaining legal circumstance, event, or act conducted thru certain official is deemed necessary;

c. that a Notary that is certain position to perform a profession in providing legal services to society shall require to obtain protection and assurance in order to achieve legal certainty;

d. that Notary services in the development process shall increase as on of legal needs of society; e. that Reglement op Het Notary Ambt in Indonesie (Stb. 1860:3) that governs Notary services is no

longer suitable with legal development and public needs; f. that based on considerations as stipulated in letters a, b, c, d, and e, it is deemed necessary to enact

Law concerning Notary; In view of: Article 20, Article 21, and Article 24 paragraph (3) of the 1945 Constitution of the Republic of Indonesia;

With a joint approval between

THE HOUSE OF PEOPLE'S REPRESENTATIVES

AND

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

D E C I D E S: To enact: LAW CONCERNING NOTARY.

CHAPTER I GENERAL PROVISIONS

Article 1

In this Law the following definitions apply:

1. Notary shall be a public official who authorizes to administer an authentic deed and other authorities as stipualted in this Law.

2. Temporary Notary (Pejabat Sementara Notaris) shall be a person who temporarily holds a position as a Notary to perform Notary profession who passed away, is terminated or is temporarily terminated.

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3. Substitute Notary (Notaris Pengganti) shall be a person who is temporarily appointed as a Notary to substitute a Notary who is taking leaves or is unavailable temporarily to perform his/her profession as a Notary.

4. Special Substitute Notary (Notaris Pengganti Khusus) shall be a person who is appointed as a special notary to administer certain deeds as mentioned in its decision regarding his/her appointment as notary due to there should be one notary in a district or city while a notary concerned cannot administer such deeds based on certain provisions of this Law.

5. Notary Organization shall be Notary profession Organization in the form of an association that is a legal entity.

6. Supervisory Council (Supervisory Council) shall be an institution that has authorities and obligations to perform mentoring and supervision against notaries.

7. Notarial Deed (The Deed Notaris) shall be an authentic deed prepared by or before a Notary in accordance with forms and procedures determined in this Law.

8. Minutes of Deed (Minuta Akta) shall be original Notarial Deed.

9. A Copy of Deed shall be copies of word by word of the entire deed and there is a phrase at the bottom side of this copy of deed saying "this copy deed is provided in which its content is similar".

10. Citation of Deed shall be citation of word by word of one or several parts of a deed and there is a phrase at the bottom side a deed saying “this is provided as a citation”.

11. Deed Grosse (Grosse Akta) shall be a copy of deed for debt acknowledgment by stating at the head of deed "FOR THE SAKE OF JUSTICE BASED ON BELIEF IN GOD ALMIGHTY” that has an executorial power.

12. Formation of Notary Profession shall be determination of total notaries required in a territory of notary profession.

13. Notary Protocol (Protokol Notaris) shall be a collection of documents as the State achieves that must be maintained and filed by a Notary.

14. Minister shall be a Minister whose responsibilities and duties are including notary matters.

CHAPTER II APPOINTMENT AND TERMINATION OF NOTARY

Part One

Appointment

Article 2 Notary shall be appointed and terminated by the Minister.

Article 3 Requirements to be able to be appointed as a Notary as stipulated in Article 2 shall be as the following: a. is an Indonesian Citizen; b. is devout to God Almighty; c. be of not less than 27 (twenty seven) years of age; d. be mentally and physically healthy; e. having law faculty degree and graduate from master degree of notary; f. has conducted on the job service as an employee of Notary within 12 (twelve) months simultaneously

at the Notary Office on his/her initiatives or based on recommendation of the Notary Organization after graduating from master degree of notary; and

g. not hold a position as a civil servant, government official, advocate, or not currently hold other position prohibited by the law holding double positions with a Notary.

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Article 4 (1) A Notary prior to assuming his/her positions shall be obliged to swear an oath or make an affirmation

according to his/her religion before the Minister or an official appointed. (2) The oath or affirmation referred to in paragraph (1) shall be as follows:

"I swear/affirm: That I will obey and be loyal to the State of the Republic of Indonesia, Pancasila and the 1945 Constitution of the Republic of Indonesia, Law concerning Notary and other laws and regulations. That I will perform my profession with trusteeship, honest, accuracy, independency and neutral. That I will look after my behavior, action and will implement my obligations based on my profession ethical code, honor, dignity and responsibility as a Notary. That I will keep contents of a deed and information obtained secret in performing my profession. That to be able to be appointed in this profession, both directly and indirectly, on behalf of or with any excuse whatsoever, I have never provided or promised and will not provide or promise to anyone. "

Article 5

Swearing an oath or making an affirmation of Notary profession as stipulated in Article 4 shall be conducted within no later than 2 (two) months as from the date of appointment to be a Notary.

Article 6 If swearing an oath or making an affirmation is not conducted within a time stipulated in Article 5, a decision to appoint a Notary may be cancelled by the Minister.

Article 7 Within 30 (thirty) days as from the date of swearing or an affirmation of Notary, a person concerned shall be obliged: a. to implement his/her profession actually; b. to submit memorandum of swearing an oath/making an affirmation as a Notary to the Minister, Notary

Organization, and Regional Supervisory Council; and c. to send the office address, samples of signature, and sign, and red stamp of Notary profession to the

Minister and other officials who are responsible in land affairs, Notary Organization, the Chairman of District Court, Regional Supervisory Council, and regent or mayor where a Notary concerned was appointed.

Part Two

Termination

Article 8 (1) Notary shall quit or be terminated from his/her profession with honor due to:

a. passed away; b. has been 65 (sixty five) years of age; c. self request; d. mental and/or physical inability to implement duties of Notary profession continuingly within

more than 3 (three) years; or e. holding double positions as stipulated in Article 3 letter g.

(2) the provision on age as stipulated in paragraph (1) letter b may be extended up to 67 (sixty seven) years of age by considering the health condition of a person concerned.

Article 9

(1) Notary shall be terminated temporarily from his/her profession due to: a. in the process of bankruptcy or liabilities suspension of debt payment; b. under control of a guardian(s);

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c. conducting insulted behavior; or d. conducting violations against obligations and prohibitions of profession.

(2) Before temporary termination as stipulated in (1) is conducted, a Notary shall be provided by chances to defense him/herself before the Supervisory Council gradually.

(3) Temporary termination of Notary as stipulated in paragraph (2) shall be conducted by the Minister based on a recommendation of the Central Supervisory Council.

(4) Temporary termination on the basis of reasons as stipulated in paragraph (1) letter c and letter d shall come into force within no later than 6 (six) months.

Article 10

(1) Notary who is terminated temporarily as stipulated in Article 9 paragraph (1) letter a or letter b may be re-appointed to be the Notary by the Minister after his/her rights are recovered.

(2) Notary who is terminated temporarily as stipulated in Article 9 paragraph (1) letter c or letter d may be re-appointed to be the Notary by the Minister after its temporary termination is over.

Article 11

(1) Notary who is appointed to be the state official shall be obliged to take leaves. (2) Taking leaves as stipulated in paragraph (1) shall be applicable while a Notary concerning is

holding the state official position. (3) Notary as stipulated in paragraph (1) shall be obliged to appoint the Substitute Notary. (4) If a Notary does not appoint the Substitute Notary as stipulated in paragraph (3), the Regional

Supervisory Council shall appoint another notary to obtain Notary Protocol in which its legal jurisdiction includes domicile of Notary who is appointed to be the state official.

(5) An appointed Notary as stipulated in paragraph (4) shall be temporary holder of Notary Protocol. (6) Notary who has no longer hold a position of the state official as stipulated in paragraph (1) may

return to perform Notary profession and Notary Protocol as stipulated in paragraph (4) shall be sent back to him/her.

Article 12

Notary shall be dishonor terminated from his/her profession by the Minister based on a recommendation of the Central Supervisory Council if: a. it is decided insolvency based on the court decision that has final legal binding; b. under control of a guardian(s) for more than 3 (three) yeas simultaneously; c. conducting action(s) that discredit the honor and dignity of Notary Profession; or d. conducting serious violations against profession obligations and prohibitions.

Article 13 Notary shall be dishonor terminated by the Minister due to the imposition of imprisonment sentence based on the court decision that has final legal binding for committing a criminal act that is imposed by 5 years imprisonment or more.

Article 14 Further provisions on requirements and procedure of appointment and termination as stipulated in Article 3, Article 8, Article 9, Article 10, Article 11, Article 12, and Article 13 shall be governed in the Ministerial Regulation.

CHAPTER III

AUTHORITIES, OBLIGATIONS, AND PROHIBITIONS

Part One Authorities

Article 15

(1) Notary shall be authorized to prepare an authentic deed regarding all activities, agreements, and stipulation required by laws and regulations and/or required by a shareholder to be stated in an authentic deed, to assure certainty on the date when a deed is prepared, to maintain deeds, to grant

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grosse, copies and citations of deeds, as long as all actions in administering such deeds are not also assigned or exempted to other official or other party determined by Law.

(2) Notary shall be authorized also: a. to legalize signature and to determine certainty on the date of private letter by registering into

special book; b. to register private letters into special book; c. to make copies of original private letters in form of copies that pertain narratives as written

and pictured in such letters; d. to make authentification of copies for accuracy between copies and originals; e. to provide legal advices in respect with deed administration; f. to administer deeds in relation with lands affairs; or g. to prepare a deed of minutes of auction.

(3) Besides authorities as stipulated in paragraph (1) and paragraph (2), Notary shall have other authorities as stipulated in prevailing laws and regulation.

Part Two

Obligations

Article 16 (1) In implementing his/her profession, Notary shall be obliged:

a. to act honestly, accurately, independently, neutral, and shall maintain the interest of relevant party in legal action;

b. to prepare deed in term of Minutes of Deed and shall keep it as part of Notary Protocol; c. to grant Deed Grosse, Copies of Deed, of Copies of Dees based on Minutes of Deed; d. to provide services based on prevailing provisions of this Law, unless there is a reason for

rejection; e. to keep all matters on the deed prepared and all information obtain for preparing the deed

secret based on the official oath/affirmation, otherwise law governs differently; f. to bind deeds prepared within 1 (one) month period to be the book containing not more than

50 (fifty) deeds, and if the amount of deeds may not be included in one book, said deeds may be bound in more than one book, and shall administer the amount of Minutes of Deed, month, and year of its preparation on the cover of each book;

g. to prepare list of protest deeds (akta protes) regarding unpaid or unaccepted commercial papers;

h. to prepare list of deeds in relation with testaments based on period of time orders when the deed is prepared monthly;

i. to send list of deeds as stipulated in letter h or list of annul in relation with testaments into Department Testament Central List (Daftar Pusat Wasiat Departemen) who is on duty and responsible for notarial matters within 5 (five) days in the first week every following month;

j. to register into repertorium the date of submission of list of testament at the end of month; k. to have stamp containing the symbol of the State of the Republic of Indonesia and inside the

circle shall be put name, position and address of a person concerned; l. to read out the deed in front of parties attended witnessed by no less than 2 (2) persons and

shall be signed right away by parties attended, witnesses, and the Notary; m. to obtain on the job training for candidate Notary.

(2) Maintenance of Minutes of Deed as stipulated in paragraph (1) letter b shall be inapplicable if the Notary issues the original deed.

(3) The original deed as stipulated in paragraph (2) shall be the deed on: a. rental, interests and pension payments; b. cash payment offer; c. protest against unpaid or unaccepted commercial papers; d. the Deed kuasa; e. ownership information; or f. other deeds based on prevailing laws and regulation.

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(4) Original Deed as stipulated in paragraph (2) may be prepared in more than 1 (one) copies, signed at the same time, form and contents with a condition that each deed shall mention "is applicable as one and one is applicable for all ".

(5) Original Deed containing the power at attorney that is not filled with name of the trustee may only be prepared in 1 (one) copy.

(6) Type and size of stamp as stipulated in paragraph (1) letter k shall be determined in the Ministerial Regulation.

(7) Reading out the deed as stipulated in paragraph (1) letter l shall not be obliged to be conducted, if the persons attended request for that the deed is not read out because they have read it by themselves, and understand the contents, with a condition that this is stated in the closing provision of the deed and each page of the Minutes of Deed shall be put sign by them, witnesses and the Notary.

(8) If one of requirements as stipulated in paragraph (1) letter l and paragraph (7) is not complied with, said deed shall only have evidentiary power as private deed.

(9) The provision as stipulated in paragraph (8) shall be inapplicable for preparing testament deed.

Part Three Prohibitions

Article 17

Notary shall be prohibited: a. to perform profession outside his/her jurisdiction of profession; b. to leave his/her jurisdiction of profession within more than 7 (seven) business days continuingly

without any legitimate reason; c. to hold a position as the civil servant at the same time; d. to hold a position as the state official at the same time; e. to hold a position as the advocate at the same time; f. to hold a position as the leader or an employee of the state owned enterprise, regional government

owned enterprise or a private company at the same time; g. to hold a position as Land Deed Registration Official (Pejabat Pembuat Akta Tanah) at the same time

outside jurisdiction of Notary profession; h. to be Substitute Notary; or i. to perform other assignment that is contrary with religion, norms, or regularities that may influence the

dignity and privilege of Notary.

CHAPTER IV DOMICILE, FORMATION, AND JURISDICTION OF NOTARY PROFESSION

Part One Domicile

Article 18

(1) Notary shall have domicile in the district or city.

(2) Notary shall have jurisdiction of profession including all territories of a province of from his/her domicile.

Article 19

(1) Notary must only have one office, which is in his/her domicile.

(2) Notary shall not be authorized regularly to perform a profession outside his/her domicile. Article 20

(1) Notary may perform his/her profession in term of private association (perserikatan perdata) by keeping independent and neutral in implementing his/her profession.

(2) Types of private association as stipulated in paragraph (1) shall be governed by Notaries based on prevailing laws and regulation.

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(3) Provisions on requirement in performing Notary profession as stipulated in paragraph (1) shall be further stipulated in the Ministerial Regulation.

Part Two

Formation of Notary Profession

Article 21 The Minister shall be authorized to determine formation of notary profession in the area as stipulated in Article 18 paragraph (1) by considering recommendations from Notary Organization.

Article 22

(1) Formation of Notary Profession shall be determined based on:

a. business activities; b. total population; and/or c. average amount of deeds prepared by and/or before the Notary every month.

(2) Provisions on formation of notary profession as stipulated in paragraph (1) shall be further stipulated in the Ministerial Regulation.

Part Three

Transfer of Jurisdiction of Notary Profession

Article 23

(1) Notary may send an inquiry on transfer of jurisdiction of notary profession in writing to the Minister.

(2) Requirement on transfer of jurisdiction of notary profession as stipulated in paragraph (1) shall be after 3 (three) years in a row in implementing his/her duties in areas of certain district or city when the notary is domiciled.

(3) An inquiry as stipulated in paragraph (1) shall be proposed after the Minister has obtained a recommendation from the Notary Organization.

(4) Time period as stipulated in paragraph (2) shall not include leaves that have been taken by a Notary concerned.

(5) Provisions on procedure for sending an inquiry on transfer of jurisdiction of notary profession as stipulated in paragraph (1) shall be further stipulated in the Ministerial Regulation.

Article 24

On an inquiry proposed by the notary concerned, in certain situation the Minister may transfer a notary from one jurisdiction to other jurisdiction.

CHAPTER V

LEAVES OF NOTARY AND SUBSTITUTE NOTARY

Part One Leaves of Notary

Article 25

(1) Notary shall have the right to take leaves. (2) The right to take leaves as stipulated in paragraph (1) may be taken after the Notary performs

his/her profession within 2 (two) years. (3) While taking leaves, the Notary must appoint the Substitute Notary.

Article 26

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(1) The right to take leaves as stipulated in Article 25 paragraph (1) may be taken every year or at once for several years.

(2) Every taking leaves for no later than 5 (five) years shall have included its renewal. (3) During performing Notary profession, total leaves shall be no more than 12 (twelve) years.

Article 27

(1) Notary shall propose an inquiry on taking leaves in writing associated with a recommendation on the appointment of the substitute notary.

(2) An inquiry on taking leaves as stipulated in paragraph (1) shall be sent to the authorized official, which is: a. The Regional Supervisory Council, if total period of taking leaves is no more than 6 (six)

months; b. Territory Supervisory Council, if total period of taking leaves is up to 1 (one) year; or c. The Central Supervisory Council, if total period of taking leaves is more than 1 (one) year.

(3) An inquiry on taking leaves may be granted or rejected by the authorized official who provides an approval.

(4) A copy of inquiry as stipulated in paragraph (2) letter b shall be submitted to the Central Supervisory Council.

(5) A copy of inquiry as stipulated in paragraph (2) letter c shall be submitted to the Regional Supervisory Council and Territory Supervisory Council.

Article 28

In urgent situation, a husband/wife or blood family in horizontal line of the notary may propose an inquiry on taking leaves to the Supervisory Council as stipulated in Article 27 paragraph (2).

Article 29

(1) A letter regarding an approval for taking leaves shall minimum contain of: a. name of Notary; b. starting and closing date for taking leaves; and. c. name of the Substitute Notary associated with supporting documents of the Substitute Notary

concerne4d as stipulated in prevailing laws and regulation.

(2) A copy of letter regarding an approval for taking leaves from the Regional Supervisory Council shall be submitted to the Minister, the Central Supervisory Council, and Territory Supervisory Council.

(3) A copy of letter regarding an approval for taking leaves from Territory Supervisory Council shall be submitted to the Minister and the Central Supervisory Council.

(4) A copy of letter regarding an approval for taking leaves from the Minister shall be submitted to the Central Supervisory Council, Territory Supervisory Council, and the Regional Supervisory Council.

Article 30

(1) The Minister or the appointed official shall be authorized to issue leaves certificate. (2) Leaves certificate as stipulated in paragraph (1) shall contain of data for taking leaves. (3) Data for taking leaves as stipulated in paragraph (2) shall be registered by the Supervisory Council

as stipulated in Article 27 paragraph (2). (4) In any request for taking leaves, leaves certificate shall be attached as stipulated in paragraph (2). (5) The Minister or the appointed official may issue duplicates of leave certificate against certificate

that has no longer been used or gone, based on a request of the Notary concerned.

Article 31 (1) A request for taking leaves may be rejected by the official who is authorized to grant leaves.

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(2) A rejection against a request for taking leaves must be associated with reasons for rejecting. (3) A rejection against a request for taking leaves by the Regional Supervisory Council may be

challenged to the Territory Supervisory Council. (4) A rejection against a request for taking leaves by Territory Supervisory Council may be

challenged to the Central Supervisory Council.

Article 32 (1) Notary who is taking leaves shall be obliged to submit the Notary Protocol to the Substitute

Notary. (2) The Substitute Notary shall send back the Notary Protocol to the notary after leaves. (3) Transference as stipulated in paragraph (1) and paragraph (2) shall be stated in the memorandum

and shall be submitted to the Territory Supervisory Council.

Part Two Substitute Notary, Special Substitute Notary, and Temporary Official of Notary

Article 33

(1) Requirement to be able to be appointed as the Substitute Notary, Special Substitute Notary, and Temporary Official of Notary shall be an Indonesian citizen, having law faculty degree, and has worked as an employee of Notary Firm within no less than 2 (two) years at the row.

(2) The provisions applicable to Notary as stipulated in Article 15, Article 16, and Article 17 shall be applicable to Substitute Notary, Special Substitute Notary, and Temporary Official of Notary, otherwise this Law governs differently.

Article 34

(1) If in one jurisdiction of profession may only have 1 (one) Notary, the Regional Supervisory Council may appoint Special Substitute Notary who is authorized to prepare the deed for personal interest of Notary concerned or his/her family.

(2) Temporary appointment as stipulated in paragraph (1) shall not be associated with transference of Notary Protocol.

(3) Special Substitute Notary as stipulated in paragraph (1) shall be obliged to take an oath/affirmation of profession by the Minister or the appointed officials.

Article 35

(1) If the Notary passé d away, husband/wife or blood family in horizontal line of semenda shall be obliged to inform to the Regional Supervisory Council.

(2) Announcement as stipulated in paragraph (1) shall be sent within no later than 7 (seven) business days.

(3) If the notary passed away If Notary while taking leaves, duties to perform Notary profession shall be implemented by the Substitute Notary as Temporary Official of Notary within no later than 30 (thirty) days as from the date when Notary passed away.

(4) Temporary Official of Notary shall send Notary Protocol from the Notary who passed away to the Regional Supervisory Council within no later than 60 (sixty) days as from the date when the Notary passed away.

(5) Temporary Official of Notary as stipulated in paragraph (3) and paragraph (4) may prepare the deed on behalf of him/her and shall have the Notary Protocol..

CHAPTER VI

HONORARIUM

Article 36 (1) Notary shall have the right to gain honorarium on legal services provided based on his/her

authorities. (2) Total amount of honorarium gained by the Notary shall be based on economic values and

sociological values of any deed prepared.

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(3) Economic values as stipulated in paragraph (2) shall be determined from objects of any deed as the following: a. up to Rp100,000,000.00 (one hundred million rupiah) or in equivalent with gold gram(s) at

that time, honorarium gained shall be no more than 2.5% (two point five percents); b. more than Rp 100,000,000.00 (one hundred million rupiah) up to Rp 1,000,000,000.00 (one

billion rupiah), honorarium gained shall be no more than 1.5 % (one point five percent); or c. more than Rp. 1,000,000,000.00 (one billion rupiah), honorarium gained shall be based on an

agreement between parties, but no more than 1 % (one percent) from object(s) in which its deed is prepared.

(4) Sociological values shall be determined based on social function of object(s) of any deed with honorarium obtain no more than Rp 5,000,000.00 (five million rupiah).

Article 37

Notary shall be obliged to provide legal services in notarial matters for pro bono to person(s) who is deprived.

CHAPTER VII NOTARIAL DEED

Part One

Types and Nature of Deed

Article 38 (1) Any deed of notary shall contain of:

a. initial deed or the head letter of deed; b. contents of deed; and c. closing or opening clause of deed.

(2) Initial deed or the head letter of deed shall contain of: a. Title; b. Numbers; c. Hour, day, date, month and year; and d. Full name and domicile of Notary.

(3) Contents of deeds shall contain of: a. full name, place and date of birth, nationality, occupation, official rank, domicile, address of

party attended and/or representatives; b. information on position/domicile of party attended; c. main contents of deed that are expectations and needs of stakeholders; and d. full name, place and date of birth, and occupation, official rank, domicile and address of any

witness. (4) the closing clause of deed shall contain of:

a. description on reading out the deed as stipulated in Article 16 paragraph (1) letter l or Article 16 paragraph (7);

b. description on signing and place of signing or translation of the deed if available; c. full name, place and date of birth, and occupation, official rank, domicile and address of any

witness; and d. description on possible modification occurred in preparing the deed or description on

modifications that may be in terms of additions, corrections or replacement. (5) Besides containing provisions as stipulated in paragraph (2), paragraph (3), and paragraph (4), the

deed of Substitute Notary, Special Substitute Notary, and Temporary Official of Notary shall also contain of number and date of appointment, and the official authorized to appoint concerned.

Article 39

(1) The party attended must comply with requirements as the following: a. minimum has been 18 (eighteen) years old or has been married; and b. is capable to do legal conducts.

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(2) The party attended must be acknowledged by Notary or is introduced to him/her by 2 (two) witnesses who have been at least 18 (eighteen) years old or have been married and are capable to do legal conducts or are introduced by 2 (two) other parties attended.

(3) Acknowledgment as stipulated in paragraph (2) shall be stated firmly into the deed.

Article 40 (1) Any deed reading out by Notary shall be presented by at least 2 (two) witnesses, otherwise it laws

and regulation stipulate differently. (2) Witnesses as stipulated in paragraph (1) must comply with requirements as the following:

a. at least has been 18 (eighteen) years old or married; b. are capable to do legal conducts; c. understand language used in the deed; d. may provide signature and sign; and e. do not have marriage relationship or blood relationship in up or down horizontal lines without

limitation of degree and side lines until third degree with Notary or parties. (3) Witnesses as stipulated in paragraph (1) must be known by Notary or introduced to Notary or

explained their identity and authority to Notary by parties attended. (4) Acknowledgment or statement on identity and authority of witnesses shall be stated clearly in the

deed.

Article 41 If the provisions in Article 39 and Article 40 shall be complied with, said deed shall only have evidentiary power as a private deed.

Article 42 (1) Notary Deed shall be written clearly in relation one and another continuingly and shall not use

abbreviations. (2) Room and space in the deed shall be filled with lines clearly before the deed is signed, unless for

the deed printed in term of a form based on laws and regulation. (3) All numbers for clarifying total or amount of an object in the deed, date, month and year shall be

written in letters and must first be written in numbers. (4) The provisions as stipulated in paragraph (2) shall not be applicable for the power at attorney that

has not mentioned name of the person obtaining the power at attorney.

Article 43 (1) The Deed shall be prepared in Indonesian language. (2) If the party attended shall not understand languages used in the Deed, Notary shall be obliged to

translate or explain the content of said Deed in languages understood by the party concerned. (3) If Notary cannot translate or explain, said Deed shall be translated or explained by an official

translator. (4) The Deed may be prepared in other language understood by Notary and witnesses if stakeholders

require it and the law does not stipulate differently. (5) If the Deed is prepared as stipulated in paragraph (4), Notary shall be obliged to translate it in

Indonesian language.

Article 44 (1) The moment following the Deed is read out, said Deed shall be signed by any party attended,

witnesses, and Notary, unless if there is party attended may not sign by mentioning his/her reasons.

(2) Reasons as stipulated in paragraph (1) shall be stated clearly in the Deed. (3) The Deed as stipulated in Article 43 paragraph (3) shall be signed by party attended, Notary,

witnesses, and the official translator. (4) Reading out, translation or explanation and signature as stipulated in paragraph (1) and paragraph

(3) and Article 43 paragraph (2), paragraph (3), and paragraph (5) shall be stated clearly at the end of the Deed.

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Article 45 (1) IF parties attended have interests only for certain parts of the Deed, then said certain parts of the

deed shall only be read out to them. (2) If certain parts as stipulated in paragraph (1) are translated or explained, parties attended shall put

signature and sign said parts. (3) Reading out, translation or explanation, and signature as stipulated in paragraph (1) and paragraph

(2) shall be stated clearly at the end of the Deed.

Article 46 (1) If during registering assets or memorandum on a conduct or event there are parties attended who:

a. reject to put signature; or b. do not present at the closing of the Deed, while said parties have not signed said Deed, this

must be stated in the Deed and said Deed shall remain an authentic deed. (2) Rejection as stipulated in paragraph (1) letter a must be stated in the Deed by mentioning its

reasons.

Article 47 (1) An authentic power at attorney or other letter that is basis of authority to prepare the Deed issued

in form of original or private power of attorney must be integrated in the Minutes of Deed. (2) An authentic power at attorney prepared in form of the Minutes of Deed shall be stated in the

Deed. (3) Provisions as stipulated in paragraph (1) must not be conducted if the power at attorney has been

integrated in the Deed prepared before similar Notary and this is stated in the Deed.

Article 48 (1) The contents of the Deed cannot be modified or added, making correction, insertion, deletion and

removal and replace it with other. (2) Modification of the Deed in terms of addendum, replacement, or correction in the Deed shall only

be valid if said modification is signed or put with other legalization sign by parties attended, witnesses, and Notary.

Article 49

(1) Any modification on the Deed shall be made in the left side of the Deed. (2) If a modification may not be made in the left side of the deed, said modification shall be made at

the end of the deed, before closing clause by pointing part(s) that has been modified or by inserting additional sheet.

(3) Modification made without pointing part(s) modified shall create said modification is annul.

Article 50 (1) If the Deed requires correction on words, letters or numbers, this shall be conducted whatsoever so

that it remains to be able to be read based on what was mentioned previously, and total words, letters or numbers corrected shall be mentioned in the (left/right) side of the deed.

(2) Correction as stipulated in paragraph (1) shall be stated valid after being signed or put other legalization sign by parties attended, witnesses, and Notary.

(3) If there in other modification on corrections as stipulated in paragraph (2), said modification shall be conducted at the side of Deed based on the provision stipulated in Article 49.

(4) In closing clause of any the Deed, there shall be correction, modification and supplement.

Article 51 (1) Notary shall be authorized to correct written errors and/or type errors occurred in the Minutes of

Deed that has been signed. (2) Correction as stipulated in paragraph (1) shall be conducted by preparing a memorandum and shall

provide notes on this matter in original Minutes of Deed by mentioning date and number of the deed of correction memorandum.

(3) A copy of the Deed of memorandum as stipulated in paragraph (2) must be submitted to parties.

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Article 52 (1) Notary shall not be allowed to prepare the Deed for his/herself, his/her spouse, or other party who

has family relationship with the Notary both due to marriage or blood relationship in horizontal line both up and/or down without limitation of degree, and in vertical line until third degree, and shall be parties for his/herself and in a position or with the intermediary party.

(2) Provisions as stipulated in paragraph (1) shall not be applicable if a person concerned as stipulated in (1) unless the Notary his/herself, shall be the party attended in the selling in front of public, as long as said selling is conducted before the Notary, public renting, or public wholesale or shall be members of meeting that its minutes is prepared by Notary.

(3) Violations of provisions as stipulated in paragraph (1) shall create that the Deed shall only have evidentiary power as a private deed if said Deed is signed by the party attended, without prejudice to obligations of Notary in preparing said Deed to pay expenses, financial damages, and interest to the party concerned.

Article 53

The Deed of Notary may not contain of determination or provision that grants the right and/or profits for: a. Notary, Notary’s spouse; b. witnesses, spouse of witnesses; or c. Persons who have family relationship with Notary or witnesses, both blood relationships in horizontal

line up or down without limitation of degree and marriage relationship until third degree.

Part Two Deed Grosse, Copy of Deed, and Citation of Deed

Article 54

Notary may only provide, show, or inform the contents of the Deed, Deed Grosse, a Copy of the Deed or Citation of the Deed, to parties who are relevant directly to the Deed, heirs, or parties obtaining titles, otherwise laws and regulation determine differently.

Article 55 (1) Notary issued Deed Grosse shall prepare notes in the minutes of deed on party obtaining Deed

Grosse and issuance date and said notes shall be signed by Notary. (2) Deed Grosse on debt acknowledgment prepared before the Notary shall be a copy of the Deed that

has an executorial power. (3) On Deed Grosse as stipulated in paragraph (2), the head part of the Deed shall contains phrases of

"FOR THE SAKE OF JUSTICE BASED ON BELIEF IN GOD AL MIGHTY", and at the end or closing clause of the Deed shall contains phrases of "is provided as first grosse", by mentioning name of requesting party and for whom the gross is issued and its issuance date.

(4) Second Deed Grosse and its following may only be provided to party as stipulated in Article 54 based on the court order.

Article 56

(1) The original Deed, Deed Grosse, Copy of the Deed, or Citation of the Deed issued by Notary must be put a stamp.

(2) Requirement to put a stamp as stipulated in paragraph (1) must also be conducted on copy of letter that is integrated in the Minutes of Deed.

(3) Private letter endorsed or legalized, private letter yang registered and comparison of copies by Notary must be put a stamp and signed and put signature of Notary.

Article 57

Deed Grosse, copies of the Deed, citation of the Deed of Notary, or legalization of private letter integrated in the Deed that is maintained in Notary Protocol, may only be issued by Notary who prepares it, the Substitute Notary, or legal holder of Notary Protocol.

Part Three Preparation, and Referral of Notary Protocol

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Article 58

(1) Notary shall prepare list of Deeds, list of private letter legalized, list of private letter registered, and list of other letters that is required by this Law.

(2) In list of Deeds as stipulated in paragraph (1), Notary shall take note all deeds prepared by or before him/her every day, either in form of Minutes of Deed or its origin, without spaces, each space shall be filled with ink lines by mentioning unit number, month, date, mature of deeds, and name of all parties acting for themselves or as a proxy of other party.

(3) The Deed issued in form of an origin prepared in 2 (two) copies or more at the same time shall be administered in the list with one number.

(4) Any page of the list shall be given unit number and signed by the Regional Supervisory Council, unless the first and last page shall be signed by the Regional Supervisory Council.

(5) On one page prior first page shall be stated information on total pages of the list of Deed signed by the Regional Supervisory Council.

(6) In the list of private letter legalized and the list of private letter registered as stipulated in paragraph (1), Notary shall administer private letter legalized or registered, without spaces, each space shall be filled with ink lines by mentioning unit number, month, date, mature of deeds, and name of all parties acting for themselves or as a proxy of other party.

Article 59

(1) Notary shall prepare list of klapper for list of Deeds and list of private letter legalized as stipulated in Article 58 paragraph (1), be prepared in sequence based on alphabet and shall be conducted every month.

(2) List of klapper as stipulated in paragraph (1) shall contain of names of all parties attended by stating at the back side each name, nature and total deeds, or letters registered in the list of deeds and list of private letter.

Article 60

(1) The Deed prepared by or before the Substitute Notary or Special Substitute Notary shall be registered in the list of deeds.

(2) Private letter legalized and private letter registered shall be administer in list of private letter legalized and list of private letter registered.

Article 61

(1) Notary shall send in writing copies that have been legalized from list of deeds and other lists prepared one month before within no later than 15 (fifteen) days in the following month to the Regional Supervisory Council by him/herself or thru his/her proxy.

(2) If within 1 (one) month Notary shall not prepare the Deed, Notary shall submit this matter in writing to the Regional Supervisory Council within a period as stipulated in paragraph (1) by him/herself or thru his/her proxy.

Article 62

A referral of Notary Protocol shall be conducted if the Notary: a. dies; b. has completed his/her service of profession; c. requests by his/herself; d. is not capable mentally and/or physically to perform duties of Notary profession continuingly more

than 3 (three) years; e. is appointed to be the state official; f. transfers jurisdiction of profession; g. is temporarily terminated; or

h. is dishonor terminated.

Article 63

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(1) A Referral of Protocol as stipulated in Article 62 shall be conducted within no later than 30 (thirty) days by preparing a memorandum of referral of Notary Protocol signed by parties who send and obtain Notary Protocol.

(2) If an event as stipulated in Article 62 letter (a) occurs, a referral of Notary Protocol shall be conducted by heirs of Notary to other Notary appointed by the Regional Supervisory Council.

(3) If an event as stipulated in Article 62 letter (g) occurs, a referral of Notary Protocol shall be conducted by Notary to other Notary appointed by the Regional Supervisory Council if temporary termination is more than 3 (three) months.

(4) If an event as stipulated in Article 62 letter b, letter c, letter d, letter f, or letter h occurs, a referral of Notary Protocol shall be conducted by Notary to other Notary appointed by the Minister based on a recommendation of the Regional Supervisory Council.

(5) Notary Protocol from other Notary when by time its surrendering he/he is 25 (twenty five) years old or more shall be transferred by Notary who obtains Notary Protocol to the Regional Supervisory Council.

Article 64

(1) Notary Protocol from Notary being appointed to be the state official shall be sent to Notary appointed by the Regional Supervisory Council.

(2) Notary who is the holder of Notary Protocol as stipulated in paragraph (1) shall be authorized to issue Deed Grosse, Copies of Deed, or Citation of Deed.

Article 65

Notary, the Substitute Notary, Special Substitute Notary, and Temporary Official of Notary shall be responsible against any deed prepared by him/her although Notary Protocol has been sent or transferred to the party who maintain Notary Protocol.

CHAPTER VIII TAKING MINUTES OF DEED AND SUMMONS OF NOTARY

Article 66

(1) For the interest of judicial process, investigators, prosecutors or judges with an approval of the Regional Supervisory Council, shall be authorized: a. to take photocopy on Minutes of Deed and/or letters integrated in the Minutes of Deed or

Notary Protocol in the Notarial Filing; and b. to summons Notary to present in examination in relation with a deed prepared by him/her or

Notary Protocol that is in the Notarial Filing. (2) Referral on copies of Minutes of Deed or letters as stipulated in paragraph (1) letter a, shall be

prepared its memorandum.

CHAPTER IX SUPERVISION

Part One General

Article 67

(1) Supervision over Notary shall be conducted by the Minister. (2) In conducting supervision as stipulated in paragraph (1), the Minister shall establish the

Supervisory Council. (3) Supervisory Council as stipulated in paragraph (2) shall consist of 9 (nine) persons from elements

of: a. government for 3 (three) persons; b. Notary organization for 3 (three) persons; and c. experts/academic for 3 (three) persons.

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(4) If a region does not have elements from government institution as stipulated in paragraph (3) letter a, memberships in Supervisory Council shall be filled with other elements appointed by the Minister.

(5) Supervision as stipulated in paragraph (1) shall include behavior of Notary and implementation of Notary profession.

(6) Provisions on Supervision as stipulated in paragraph (5) shall be applicable for the Substitute Notary, Special Substitute Notary, and Temporary Official of Notary.

Article 68

Supervisory Council as stipulated in Article 67 paragraph (2) shall contain of: a. The Regional Supervisory Council; b. Territory Supervisory Council; and c. Central Supervisory Council.

Part Two Regional Supervisory Council

Article 69

(1) The Regional Supervisory Council shall be established in the district or city. (2) Memberships of the Regional Supervisory Council shall contain of elements as stipulated in

Article 67 paragraph (3). (3) The Chairman and Vice Chairman of the Regional Supervisory Council are selected from and by

members as stipulated in paragraph (2). (4) Service period of the chairman, vice chairman and members of the Regional Supervisory Council

shall be 3 (three) years and may be re-appointed. (5) The Regional Supervisory Council shall be assiste4d by one secretary or more appointed in

meeting of the Regional Supervisory Council.

Article 70 The Regional Supervisory Council shall be authorized: a. to organize a hearing for examining a suspicion on violation of the Ethical Code of Notary or

violations against Notary profession implementation; b. to conduct examination against Notary Protocol regularly once a year that is considered necessary; c. to provide an approval for taking leaves up to 6 (six) months; d. to determine Substitute Notary by considering recommendations of Notary concerned; e. to determine a place for maintaining Notary Protocol which during the transference of Notary Protocol

it has been 25 (twenty five) years or more; f. to appoint Notary who will act as the temporary holder of Notary Protocol being appointed to be the

state official as stipulated in Article 11 paragraph (4); g. to obtain public reports on suspicions of violation of the Ethical Code of Notary or violations of

provisions of this Law; and h. to prepare and submit reports as stipulated in letter a, letter b, letter c, letter d, letter e, letter f, and

letter g to Territory Supervisory Council.

Article 71 The Regional Supervisory Council shall be obliged: a. to register into the list book stating in the Notary Protocol by mentioning the date of examination, total

deeds and total private letter legalized and prepared as from the data of examination is completed; b. to prepare a memorandum of examination and submit it to local Territory Supervisory Council, in

which its copy is sent to the Notary, concerned, Notary Organization, and Central Supervisory Council;

c. to keep the contents of deed and results of examination secret; d. to obtain copies that have been legalized from list of deed and other lists from the Notary and kept

those secret;

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e. to examine public reports against Notary and submit such examination report to Territory Supervisory Council within 30 (thirty) days, in which its copy is sent to the reporting party, the Notary concerned, Central Supervisory Council, and Notary Organization;

f. to file an appeal against a decision regarding rejection for taking leaves.

Part Three Territory Supervisory Council

Article 72

(1) Territory Supervisory Council shall be established and be in the capital city of province. (2) Memberships of Territory Supervisory Council shall contain elements as stipulated in Article 67

paragraph (3). (3) The Chairman and Vice Chairman of Territory Supervisory Council shall be selected from and by

members as stipulated in paragraph (2). (4) Period of service of the chairman, vice chairman and members of Territory Supervisory Council

shall be 3 (three) years and may be re-appointed. (5) Territory Supervisory Council shall be assisted by one secretary or more who are appointed in the

Meeting of Territory Supervisory Council.

Article 73 (1) Territory Supervisory Council shall be authorized:

a. to organize hearing for examining and taking decisions on public reports submitted thru Territory Supervisory Council;

b. to summons the reported Notary for conducting examination on report as stipulated in letter a; c. to grant an approval for taking leaves more than 6 (six) months until 1 (one) year; d. to examine and decide on a decision of the Regional Supervisory Council stipulating rejection

for taking leaves proposed on the reported Notary; e. to provide sanction in term of written or unwritten warning; f. to propose the imposition of sanction against Notary to the Central Supervisory Council in

terms of: 1) temporary termination for 3 (three) months until 6 (six) months; or 2) dishonor termination.

g. to prepare memorandum on any decision regarding sanction imposition as stipulated in letter e and letter f.

(2) A Decision of Territory Supervisory Council as stipulated in paragraph (1) letter e shall be final. (3) On any decision regarding sanction imposition as stipulated in paragraph (1) letter e and letter f

shall be prepared its memorandum.

Article 74 (1) Examination in the hearing of Territory Supervisory Council as stipulated in Article 73 paragraph

(1) letter a shall not be open for public. (2) Notary shall have the right to provide self-defense in the hearing of Territory Supervisory Council.

Article 75 Territory Supervisory Council shall be obliged: a. to send a decision as stipulated in Article 73 paragraph (1) letter a, letter c, letter d, letter e, and letter

f to the Notary concerned in which its copy is sent to Central Supervisory Council, and Notary Organization; and

b. to send an appeal from the Notary to Central Supervisory Council against sanction(s) and rejection for taking leaves.

Part Four

Central Supervisory Council

Article 76 (1) Central Supervisory Council shall be established and be in the capital city

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(2) Memberships of Central Supervisory Council shall consist of elements as stipulated in Article 67 paragraph (3).

(3) The Chairman and Vice Chairman of Central Supervisory Council shall be selected from and by members as stipulated in paragraph (2).

(4) Period of services of the chairman, vice chairman and members of Central Supervisory Council shall be 3 (three) years and may be re-appointed.

(5) Central Supervisory Council shall be assisted by one secretary or more who are appointed in the Meeting of Central Supervisory Council.

Article 77

Central Supervisory Council shall be authorized: a. to organize meeting to examine and make decisions in the appeal hearing against sanction imposition

and rejection for taking leaves; b. to summons the Notary reported for examination as stipulated in letter a; c. to impose a sanction on temporary termination; and d. to propose to impose a sanction on dishonor termination to the Minister.

Article 78 (1) Examination before the hearing of Central Supervisory Council as stipulated in Article 77 letter (a)

shall be open for public. (2) Notary shall be entitled for self-defense in examination before the hearing of Central Supervisory

Council.

Article 79 Central Supervisory Council shall be responsible to submit a decision as stipulated in Article 77 letter a to the Minister and Notary concerned in which its copy is sent to Territory Supervisory Council and the Regional Supervisory Council and Notary Organization.

Article 80 (1) While terminating temporarily from his/her profession, Central Supervisory Council shall propose

a temporary official of Notary to the Minister. (2) The Minister shall appoint Notary who will obtain Notary Protocol from the Notary who is

terminated temporarily.

Article 81 Further provisions on procedures for appointing and terminating members, organizational structure and working procedure, and procedure for examining of Supervisory Council shall be governed in the Ministerial Regulation.

CHAPTER X NOTARY ORGANIZATION

Article 82

(1) Notary shall gather in Notary Organization. (2) The provisions on objectives, duties, authorities, procedures, and organizational structure shall be

determined in the article of association.

Article 83 (1) Notary Organization shall determine and enforce the Ethical Code of Notary. (2) Notary Organization shall have register book on members and its copies shall be submitted to the

Minister and Supervisory Council.

CHAPTER XI SANCTION PROVISION

Article 84

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Violations conducted by Notary against provisions as stipulated in Article 16 paragraph (1) letter i, Article 16 paragraph (1) letter k, Article 41, Article 44, Article 48, Article 49, Article 50, Article 51, or Article 52 that create the deed shall only have evidentiary power as a private deed or a deed is annul due to the law may be reasons for parties harmed to challenge for having a compensation, financial damage and interests to the Notary.

Article 85 Violations of provisions as stipulated in Article 7, Article 16 paragraph (1) letter a, Article 16 paragraph (1). letter b, Article 16 paragraph (1) letter c, Article 16 paragraph (1) letter d, Article 16 paragraph (1) letter e, Article 16 paragraph (1) letter f, Article 16 paragraph (1) letter g, Article 16 paragraph (1) letter h, Article 16 paragraph (1) letter i, Article 16 paragraph (1) letter j, Article 16 paragraph (1) letter k, Article 17, Article 20, Article 27, Article 32, Article 37, Article 54, Article 58, Article 59, and/or Article 63, may be imposed with sanctions of: a. an oral warning; b. a written warning; c. temporary termination; d. honor termination; or e. dishonor termination.

CHAPTER XII TRANSITIONAL PROVISION

Article 86

As from this Law is starting to come into effect, implementing regulations related with Notary profession shall remain to be applicable as long as it is not contrary or has not been replaced based on this Law.

Article 87 Notary, who has been appointed when this Law comes into effect, shall be determined as the Notary as stipulated in this Law.

Article 88 As from this Law is starting to come into effect, a request to be appointed as the Notary who has met requirements completely and is still in the process for its completion, shall remain to be process based on previous laws and regulations.

Article 89 As from this Law is starting to come into effect, existing Ethical Code of Notary shall remain to be applicable until new Ethical Code is issued based on this Law.

Article 90 Persons graduated from Notary Specialist Education who has not been appointed as Notary when this Law comes into effect shall be able to be appointed as the Notary based on his Law.

CHAPTER XIII CLOSING PROVISION

Article 91

When this Law comes into effect: 1. Reglement op Het Notary Ambt in Indonesie (Stb 1860:3) as has been amended lastly in State Gazette

Year 1945 Number 101; 2. Ordonantie 16 September 1931 concerning Honorarium of Notary; 3. Law Number 33 Year 1954 concerning Vice Notary and Temporary Vice Notary (State Gazette Year

1954 Number 101, Supplement State Gazette Number 700); 4. Article 54 of Law Number 8 Year 2004 concerning Amendment of Law Number 2 Year 1986

concerning General Judicial (State Gazette of the Republic of Indonesia Year 2004 Number 34, Supplement State Gazette of the Republic of Indonesia Number 4379); and

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5. Government Regulation Number 11 Year 1949 concerning the Oath/Affirmation of Notary Profession, shall be revoked and annul.

Article 92

This Law regulation shall comes into force as of the date of promulgation.

For public cognizance, this Law shall be announced by placing it in the Statute Book of the Republic of Indonesia.

Enacted in Jakarta On 6 October 2004 THE PRESIDENT OF THE REPUBLIC OF INDONESIA, MEGAWATI SOEKARNOPUTRI

Promulgated in Jakarta, On 6 October 2004 THE STATE SECRETARIAT OF THE REPUBLIC OF INDONESIA, BAMBANG KESOWO

STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2004 NUMBER 117

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