The Estate Deed (Akta Tanah) is a crucial legal instrument in Indonesian property transactions, required under the Basic Agrarian Law and related property regulations. This document is essential when transferring ownership rights of land and buildings in Indonesia, whether for residential, commercial, or industrial purposes. The deed must be prepared by a licensed Land Deed Official (PPAT) and contain specific information about the property, parties involved, and terms of transfer. It serves multiple purposes: documenting the legal transfer of property rights, ensuring compliance with Indonesian property laws, facilitating registration with the National Land Agency (BPN), and providing evidence of ownership. The document is particularly important given Indonesia's strict regulations on property ownership, especially concerning foreign investment and land use rights.
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1. Title and Deed Number: Official deed number, date, and time of execution as required by Indonesian notarial law
2. Parties: Complete details of the grantor/seller and grantee/buyer including their legal capacity to execute the deed
3. Background: History of land ownership, basis of transfer, and relevant previous deeds or certificates
4. Definitions: Key terms used throughout the deed including property definitions and legal terminology
5. Property Details: Comprehensive description of the property including certificate number, land area, boundaries, and building specifications
6. Title History: Chain of ownership and verification of clean and clear status of the property
7. Purchase Price and Payment Terms: Details of consideration and payment arrangements
8. Transfer of Rights: Legal language effecting the transfer of property rights
9. Representations and Warranties: Statements regarding property ownership, absence of disputes, and legal capacity
10. Tax Obligations: Declaration of tax responsibilities including Land and Building Transfer Duty (BPHTB)
11. Handover Provisions: Terms and timing of physical property handover
12. Governing Law: Confirmation of Indonesian law application and jurisdiction
13. Closing Statements: Standard notarial closing statements required by Indonesian law
14. Execution: Signature section including witness details as required by notarial regulations
1. Mortgage Status: Required if the property has any existing mortgage or will be mortgaged as part of the transaction
2. Building Permits: Needed when the property includes buildings requiring IMB (Building Permit) documentation
3. Strata Title Provisions: Required for apartments or properties under strata title
4. Foreign Ownership Compliance: Required when the buyer is a foreign national, detailing compliance with Indonesian foreign ownership restrictions
5. Power of Attorney: Included when any party is represented by an attorney-in-fact
6. Spousal Consent: Required when the property is matrimonial property requiring spouse's approval
7. Development Obligations: Needed for undeveloped land with development requirements
8. Environmental Declarations: Required for properties in environmentally sensitive areas or with specific environmental obligations
1. Property Certificate Details: Copy or details of the land certificate issued by BPN
2. Site Plan: Official diagram showing property boundaries and measurements
3. Building Specifications: Detailed description of building structures if included in the sale
4. Tax Payment Receipts: Proof of payment of Land and Building Tax (PBB) and transfer taxes
5. Identity Documents: Copies of parties' identity cards, family cards, and other required identification
6. Corporate Documents: Required if any party is a corporate entity, including establishment deeds and approvals
7. Previous Titles: Copies of previous title documents showing chain of ownership
8. Zoning Certificate: Documentation of property zoning and permitted use
9. Building Permits: Copies of IMB and other relevant permits
10. Payment Evidence: Proof of purchase price payment and tax payments
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