Affidavit Of Release Of Liens Template for Indonesia

An Affidavit of Release of Liens is a critical legal document you need when formally releasing security interests or liens on property in Indonesia. This sworn statement declares that a debt has been fully satisfied and the associated lien is being released, providing clear evidence that the property is free from encumbrances. Under Indonesian law, this document must be properly notarized and comply with strict civil code requirements to be legally effective.

When do you need this document?

You need an Affidavit of Release of Liens when completing property transactions where existing liens must be cleared. This includes situations where mortgage payments have been completed and the bank needs to release its security interest, when construction loans are paid off and contractors release their liens, or when tax obligations are satisfied and government liens are removed. The document is also essential during property sales to ensure buyers receive clear title, and when refinancing property where old liens must be formally released before new security interests can be established.

Key legal considerations

Several critical legal elements must be addressed in your affidavit. The document must include precise property descriptions using official land registry information, complete details of the original lien including registration numbers and dates, and explicit declarations that all obligations have been satisfied. You must ensure the affiant has proper legal authority to release the lien and that all supporting documentation is attached. The affidavit should specify whether the release is full or partial, identify any remaining obligations, and include provisions protecting the lien holder from future claims. Proper identification of all parties and clear language regarding the scope of the release are essential to prevent future disputes.

Legal requirements in Indonesia

Indonesian law imposes specific requirements for affidavits of lien release under the Civil Code and notarial regulations. The document must be executed before a licensed Indonesian notary who verifies the identity and authority of the affiant. You must provide certified copies of the original lien documents, proof of debt satisfaction, and valid identification. For property liens, compliance with Law No. 4 of 1996 on Land Mortgage is required, including proper registration with land offices. Fiduciary security releases must follow Law No. 42 of 1999 procedures, including deregistration from the fiduciary registry. The notary must verify that all statutory requirements are met, including proper language use (Bahasa Indonesia), correct legal formatting, and inclusion of mandatory clauses. Additional requirements may apply for corporate lien holders, foreign parties, or government liens, requiring specific authorizations or clearances.