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Gift Deed

Gift Deed Template for Indonesia

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Key Requirements PROMPT example:

Gift Deed

"I need a Gift Deed under Indonesian law to transfer my agricultural land in Central Java to my eldest son, with the condition that he maintains the existing farming activities for at least 5 years from January 2025, and the deed should include Islamic law compliance provisions."

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Document background
The Gift Deed is a crucial legal instrument in Indonesian property law, used to formalize the gratuitous transfer of property between parties. This document type is commonly utilized in family wealth transfers, charitable donations, and religious endowments. The Gift Deed must comply with the Indonesian Civil Code (KUHPer) Articles 1666-1693, and when applicable, the Compilation of Islamic Law (KHI) for Muslim parties. It requires specific formalities including notarization, witness attestation, and for real property, execution before a Land Deed Official (PPAT). The deed must contain clear identification of the parties, comprehensive property descriptions, and explicit transfer declarations. It's particularly important in estate planning, family arrangements, and charitable giving, where proper documentation of property transfer is essential for legal certainty and tax purposes.
Suggested Sections

1. Parties: Identification of the Donor (Pemberi Hibah) and Donee (Penerima Hibah), including their full legal names, addresses, and national identification numbers

2. Background: Context of the gift, relationship between parties, and confirmation that the gift is made voluntarily and without consideration

3. Definitions: Define key terms used in the deed, including the Gift Property, Effective Date, and any specific terms relevant to the type of property being gifted

4. Details of Gift Property: Comprehensive description of the property being gifted, including registration numbers, certificates, or other identifying details

5. Declaration of Gift: Formal statement of the donor's intention to gift and the donee's acceptance of the gift

6. Transfer of Ownership: Terms specifying the immediate and irrevocable transfer of ownership from donor to donee

7. Representations and Warranties: Donor's declarations regarding ownership, authority to gift, and freedom from encumbrances

8. Registration and Formalities: Provisions regarding the registration of the transfer with relevant authorities

9. Governing Law: Specification that the deed is governed by Indonesian law

10. Execution: Signature blocks for parties and witnesses

Optional Sections

1. Conditions: Used when the gift is subject to specific conditions or obligations, as permitted under Indonesian law

2. Islamic Law Compliance: Required when either party is Muslim and wishes to ensure compliance with Islamic gift (hibah) requirements

3. Tax Obligations: Include when there are specific arrangements regarding payment of transfer taxes or duties

4. Power of Attorney: Required when any party is acting through an authorized representative

5. Consent of Spouse: Required when the gifted property is matrimonial property or when required by applicable law

6. Revocation Terms: Optional section specifying circumstances under which the gift may be revoked, if permitted by law

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the gifted property, including boundaries, measurements, and specifications

2. Title Documents: Copies of relevant ownership certificates, registration documents, and property cards

3. Property Tax Receipts: Copies of latest property tax payments and clearances

4. Photographs: Visual documentation of the gifted property, particularly for real estate or valuable movable property

5. Family Tree: Required in cases where the gift is between family members and relevant for tax purposes or Islamic law compliance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Private Wealth Management

Family Business

Agriculture

Religious Institutions

Education

Healthcare

Non-Profit

Charitable Organizations

Personal Estate Planning

Relevant Teams

Legal

Compliance

Real Estate

Property Management

Wealth Management

Tax Advisory

Religious Affairs

Estate Planning

Document Management

Corporate Secretarial

Relevant Roles

Legal Counsel

Notary Public

Land Deed Official

Estate Planning Attorney

Property Lawyer

Wealth Manager

Tax Advisor

Real Estate Manager

Compliance Officer

Religious Affairs Officer

Property Rights Registrar

Family Law Specialist

Philanthropic Advisor

Industries
Indonesian Civil Code (KUHPer): Articles 1666-1693 specifically regulate gifts (hibah), including requirements for validity, revocation conditions, and formal procedures for gift transfers
Compilation of Islamic Law (Kompilasi Hukum Islam): Articles 210-214 provide specific rules for gifts under Islamic law, including limitations on gift amounts and conditions for Muslim parties
Basic Agrarian Law No. 5 of 1960: Regulates land rights and transfer of land ownership, including through gifts, and requirements for registration of property transfers
Government Regulation No. 24 of 1997: Covers land registration procedures, including the registration of gift transfers involving land rights
Law No. 28 of 2009: Regulates regional taxes and retribution, including BPHTB (duty on acquisition of land and building rights) applicable to gift transfers
Minister of Agrarian Affairs Regulation No. 2 of 2018: Specifies requirements for land registration and property rights transfer, including procedures for gift deed registration
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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