Academia Open
Vol. 10 No. 2 (2025): December

A Legal Analysis of the Extension of the Mandatory Retirement Age for Notaries Following Constitutional Court Decision No. 84/PUU-XXII/2024: Analisis Hukum Perpanjangan Usia Pensiun Wajib bagi Notaris Pasca Putusan Mahkamah Konstitusi Nomor 84/PUU-XXII/2024

Rachael Shellofariq Darmawan (Program Studi Magister Kenotariatan, Fakultas Hukum, Universitas Pelita Harapan Jakarta)
Denise Elysia Louise (Program Studi Magister Kenotariatan, Fakultas Hukum, Universitas Pelita Harapan Jakarta)



Article Info

Publish Date
26 Nov 2025

Abstract

General Background: The regulation of notaries’ retirement age in Indonesia has long been debated for its incompatibility with contemporary professional dynamics and increased life expectancy. Specific Background: Constitutional Court Decision No. 84/PUU-XXII/2024 redefines eligibility for notarial tenure by shifting emphasis from age-based to competency-based assessment. Knowledge Gap: However, the legal implications of this paradigm shift and its impact on professional governance remain insufficiently examined. Aims: This study analyzes the relevance and juridical consequences of the Court’s decision for reformulating Indonesia’s maximum notarial retirement age. Results: Using a normative juridical approach, the findings show that the decision provides a constitutional foundation for extending tenure based on competence, health, and integrity while urging clearer and more objective implementing regulations to reduce legal uncertainty and administrative discrimination. Novelty: The study demonstrates that extending retirement age up to 70 years can strengthen service continuity and the quality of authentic deeds when supported by periodic professional evaluations. Implications: These insights position the Court’s decision as critical momentum for modernizing Indonesia’s notarial system toward more adaptive, equitable, and quality-oriented professional governance. Highlights: The Constitutional Court shifts retirement eligibility from age-based rules to competence-based assessment. Extending the notary retirement age to 70 enhances service continuity and maintains deed quality. Clear, objective implementing regulations are essential to prevent legal uncertainty and discrimination. Keywords: Notary, Retirement Age, Constitutional Court, Professional Competence, Legal Certainty

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Journal Info

Abbrev

acopen

Publisher

Subject

Medicine & Pharmacology Public Health

Description

Academia Open is published by Universitas Muhammadiyah Sidoarjo published 2 (two) issues per year (June and December). This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This ...