The Deed of Sale of Real Property is a fundamental legal document in Indonesian real estate transactions, required under the Basic Agrarian Law (Undang-Undang Pokok Agraria) and related regulations. This document is essential whenever real property ownership is transferred in Indonesia, whether for residential, commercial, or industrial purposes. The deed must be executed before a licensed land deed official (PPAT) and contains crucial information including property details, ownership history, purchase price, and transfer terms. It serves as the primary evidence of property transfer and is required for registration with the National Land Office (BPN). The document ensures compliance with Indonesian property law requirements, including proper payment of transfer taxes and satisfaction of local regulations. This deed is particularly important as it forms the basis for updating the land certificate and officially recording the new ownership.
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1. Parties: Identification of the seller and buyer with complete details including name, ID number (KTP), address, and marital status as required under Indonesian law
2. Background: Brief context of the transaction and confirmation of the seller's right to transfer the property
3. Definitions: Key terms used throughout the deed, including property-specific terminology and legal concepts
4. Property Details: Comprehensive description of the property including certificate number, land area, building area, boundaries, and address
5. Sale and Purchase Agreement: Core agreement section stating the parties' intention to transfer ownership and acceptance of the transfer
6. Purchase Price: Detailed statement of the agreed purchase price and payment terms
7. Transfer of Title: Specifics of how and when the legal title will transfer to the buyer
8. Seller's Warranties: Warranties regarding property ownership, absence of disputes, and authority to sell
9. Tax Obligations: Allocation of responsibility for transfer tax (BPHTB) and income tax on property sale
10. Handover: Terms and timing for physical handover of the property
11. Costs: Allocation of notary fees, registration costs, and other transaction expenses
12. Governing Law: Confirmation that Indonesian law governs the deed
13. Execution: Formal execution block meeting Indonesian notarial requirements
1. Spouse Consent: Required when the seller is married and the property is part of joint marital assets
2. Mortgage Release: Include when the property needs to be released from an existing mortgage
3. Power of Attorney: Required when either party is represented by an authorized representative
4. Building Permits: Include when the property includes buildings with specific permits that need verification
5. Tenant Provisions: Required when the property is currently leased to tenants
6. Strata Title Provisions: Include for apartments or properties under strata title
7. Development Obligations: Include when the property carries specific development requirements or restrictions
1. Property Title Documents: Copies of land certificates and ownership history
2. Property Tax Records: Recent property tax payments and outstanding amounts
3. Property Plans: Official site plans, building plans, and measurement certificates
4. Photo Documentation: Current photographs of the property and its boundaries
5. Identity Documents: Copies of parties' identification documents and marriage certificates if relevant
6. Payment Evidence: Proof of purchase price payment and tax payments
7. Prior Permits: Copies of relevant building permits and licenses
8. Land Use Certificate: Current land use designation and any restrictions
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