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What is notary role in Indonesia

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Joyce sudarto

What is Notary in my country,
People say Notary as the most qualified legal person in Indonesia, here is why:

The contemporary legal system of the world is basically based on 3 legal system, that is civil law , common law and religious law.
Not many countries In the world that is based on the same law system like in Indonesia,very little numbers country like Curaçao, Dutch, Lithuania, are some of them, the rest is based on common law system,

America, British, Singapore , French etc, are basically not aware of the role of Indonesian notary.
To become one of the qualified notary, one must be Indonesian citizen, have studied law for about 4 years then have another 2 years for master degree specialized in notary.
Then they must have internship in one of the senior notary for at least 2 years. They must pass several test like ethic code test before appointed by Minister of Justice,
Then they will apply for the formation in the area that is open for their practice. Once they are appointed then they have to make an oath in front of the local Governoor.

Once they start their own office, they will considered as someone who knows all about legal matters , whether it is a marriage law, commercial law,business law etc.
for the rest of the Indonesia people, since long ago we always look and go to the notary for any of legal matters and all the licenses inquiries.
We seldom and close to never go to lawyers or legal consultants, for most of us we only go to lawyer if there are some dispute and need to be settled in court for most of the cases.

For people with the anglosaxon based law system like America, British and most of the people, they will go to lawyer first for setting up company etc or legal consultants as well as for business licenses.
In the process of setting up company (article of association) either lawyer or legal consultant will eventually bring it to notary.
Here is some of the list that akta (deed) must be done by notary according to the law :
Indonesian prenup, article of association (foreign or local), purchase shares of the company, change of the board of director , acquisitions of company,and all kind letter concerning the company, article of foundation, branch office, article of club, article of CV, UD, mortgage letter, will, herritance letter, adoption letter, purchase of a boat,all legalized document , and uncountable type of agreement and deeds .
Agreement or deeds that is not a requirement from the regulations that often people come and ask notary to make : rental agreement, the bound of purchase or selling of property, etc.
Notary deed have to be  witnessed by 2 notary staff as witnesses, and we have to report monthly to the government  for the deed that we had made. And the board of notary association will check periodically for the deed book record in notary office.
Notary deed are very confidential due to our oath to keep it confidential as one of our ethic code.
As a legals persons who work closely with the government and as a public officer notary should give knowledge and all the advice of what , how people need anytime, anywhere.
Hope this writing will be useful for those who seek legal advice .
Joyce Sudarto

Ubudian

Joyce, the primary reason why a foreigner should always use an attorney before entering any contractual agreement, be it business or a property lease for example, is that the attorney, and only the attorney can argue the contract in a court of law should that become necessary later on.  To the extent that an attorney is involved in the process of drawing up the legal contracts, that attorney is bound to defend its legality and the legal rights of his/her client in court should that become necessary.     

Yes, the services of a notaris will also be required, and indeed, as you say, the attorney will use a notaris for certain aspects of the required filings, witnesses, etc. to a legal contract, but, the ultimate and final legal recourse the foreigner has, should things run amok, is his or her attorney.   

Yes, for 99% of the daily legal affairs (non criminal) that Indonesians face in their lives, a notaris is most assuredly sufficient, but for a foreigner, a notaris alone is not sufficient for their legal protection.

Joyce sudarto

Thank you Ubudian for your comment

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