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Print articleIndonesia - Collection of Minutes Deeds and Summoning Notaries
November, 2008 -
The Minister of Law and Human Rights issued Regulation No. 03.HT.03.10 of 2007 on 8 November 2007. Under Law No. 30 of 2004 regarding Notary Title, for the purpose of court procedures, an investigator, member of the public, prosecutor or judge, with the approval of the Regional Supervisory Council (Majelis Pengawas Daerah/MPD) is authorized to collect photocopies of minutes deeds and/or letters attached to minutes deeds or notarial protocols in a notary’s files; and also summon the notary to an inquiry into the deeds made by the notary or the notarial protocols in the notary’s files.
MPD will provide their agreement to such a request if the documents are required in a matter where a criminal act is suspected in relation to minutes deeds and/or letters or where the statute of limitations has not expired and this understanding will not be given prior to a hearing of the public notary concerned.
With regard to the surrender of original documents, the MPD will also provide its agreement, in addition to the above criteria, where any signature on the documents is called into question or where there is a suspicion that the documents have been amended improperly or where it is suspected that the public notary may have actually back dated a document.
The summons from the public notary will require a request to be submitted and the MPD will consider this request and grant it if the person making the request is able to prove that there is a suspicion of criminal activity and that the statute of limitations has not expired.
MPD will provide their agreement to such a request if the documents are required in a matter where a criminal act is suspected in relation to minutes deeds and/or letters or where the statute of limitations has not expired and this understanding will not be given prior to a hearing of the public notary concerned.
With regard to the surrender of original documents, the MPD will also provide its agreement, in addition to the above criteria, where any signature on the documents is called into question or where there is a suspicion that the documents have been amended improperly or where it is suspected that the public notary may have actually back dated a document.
The summons from the public notary will require a request to be submitted and the MPD will consider this request and grant it if the person making the request is able to prove that there is a suspicion of criminal activity and that the statute of limitations has not expired.
