Jakarta, literasihukum – The Ministry of Law and Human Rights (Kemenkum) is reviewing the decision of the Constitutional Court (MK) regarding the extension of the retirement age of notaries to 70 years.

The Director General of General Legal Administration (AHU) of the Ministry of Law and Human Rights, Widodo, stated that the extension of the retirement age is optional based on the Constitutional Court's decision.

“In the Constitutional Court's decision, the words used are ‘can be extended.’ In the context of regulation, the word ‘can’ indicates an optional nature,” said Widodo after attending the Press Conference on Reconciliation of the Indonesian Notary Association in Jakarta, Thursday.

Widodo added that if the extension of the notary's retirement age is implemented, mechanisms such as the appointment of referral hospitals by the government will change. This requires regulation in the Minister of Law and Human Rights Regulation which will be prepared by the Civil Law Directorate of the Directorate General of AHU.

According to him, there have been a number of extension requests from notaries who are nearing the retirement age limit.

“Later, the decision to extend the term of office of a notary will take into account their health. Therefore, a health certificate from a doctor or appointed hospital will be one of the requirements,” he said.

Content of the Constitutional Court Decision

Based on Decision Number 84/PUU-XXII/2024, the Constitutional Court stated that the term of office of a notary can be extended every year up to the age of 70, provided that the health conditions are determined through routine examinations by central, regional government hospitals, or other health facilities appointed by the Minister of Law and Human Rights.

Previously, Article 8 paragraph (2) of Law Number 30 of 2004 concerning Notary Positions stipulated that the retirement age of a notary was 65 years, with an extension option up to 67 years. However, the Constitutional Court considers the extension to 70 years to be more relevant, in line with the average retirement age in similar professions and in various countries.

The Importance of the Existence of Senior Notaries

According to the Constitutional Court, the existence of senior notaries is very necessary, especially in certain areas. This aims to maintain the continuity of knowledge transfer to the younger generation so that there is no significant competency gap.

The requirements for extending the position also include physical and mental health as the main requirements.