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By H. Ikhsan Lubis, SH,SpN
Chairman of the North Sumatra Regional Board, Indonesian Notary Association (I.N.I).
The Indonesian Notary Association (INI) made a serious effort to prevent the spread of Corona Virus (Covid 19). On March 17, 2020 the public notary organization of around 20 thousand people issued an official policy in order to combat Covid 19.
The policy basically aims to prevent the spread of the corona virus by reminding all notary offices in Indonesia to follow the Covid 19 prevention protocol issued by the Government. One action that must be taken is to reduce activities in the office or outside the office.
As we know that notaries in carrying out their duties as public officials representing the state in private law are very vulnerable to Covid 19 because they have to deal physically with the parties or clients when making a deed. So this organization issues a policy to protect its members by giving appeals and guidance to members in their work. For this reason, a proper legal basis is needed so that the validity of actions, procedures performed by notaries in accordance with the law or regulations.
In this context, INI calls on all members to follow the Government`s health protocol in overcoming the spread of Covid 19. One way is to work at home or work from home (WFH) and maintain distance between people (social distancing).
Specifically for the WFH issue, INI states that the notary working at home does not violate Law on Notary Position Number 30 of 2004 article 17 as amended by Law Number 2 of 2014. In this article there is a prohibition on leaving the office area for more than 7 consecutive working days without a valid reason. With this statement, notaries who work at home are not classified as committing violations.
To make the notary not violate the laws, the organization also provides guidelines stating that the making of an agreement, deed, or meeting which documents can be made under the hand should be included in the deed clause: "... will be made / restated in the deed after the Covid 19 emergency was revoked by the Government. "
In addition, the organization`s management requested that the notary rearrange the schedule for signing the deed with the client to normal conditions, or recommend work to other notaries.
Seeing this situation, the North Sumatra Regional Board, the Indonesian Notary Association (North Sumatra Regional Office) fully supports this action. The management of the North Sumatra region is very concerned because several districts and cities in North Sumatra are classified as the red zone. So the reason for the exclusion of article 17 paragraph (1) of the Notary Position Law regarding leaving the office area for more than 7 consecutive days without a valid reason is justified. For this reason, it is possible to close the office for more than 7 (seven) days related to the implementation of the duties of the Notary provided that the Notary is still in the Province of North Sumatra. (UINL, INI, corona, Indonesian notary).
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