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A Gift Deed formally transfers ownership of property from one person to another without any payment or exchange in return. In Indonesia, this legal document (called "Akta Hibah" in Indonesian) helps families transfer assets like land, buildings, or valuable items, especially for inheritance planning or charitable giving.

Under Indonesian Civil Code Article 1666, the gift must be given freely and irreversibly while the giver is still alive. The deed needs to be created by a PPAT (Land Deed Official) for property transfers and must be registered with local authorities. Both parties must sign it in front of witnesses to make it legally binding.

Use a Gift Deed when transferring property to family members without receiving payment, especially during estate planning or wealth distribution. This formal document proves crucial for parents giving land to children, transferring ancestral homes, or donating property to religious institutions in Indonesia.

The deed becomes essential before major life events like marriages, retirement, or when setting up charitable foundations. Getting it done early prevents future ownership disputes and tax complications. Indonesian law requires this documentation for property transfers exceeding 5 million rupiah, and it helps both parties avoid legal challenges that often arise with informal gift arrangements.

• Basic Gift Deed: Transfers property from one family member to another, commonly used for land or houses
• Conditional Gift Deed: Includes specific terms the recipient must meet before the gift becomes final
• Charitable Gift Deed: Used when donating property to religious organizations, foundations, or non-profits
• Revocable Gift Deed: Allows the donor to cancel the transfer under certain circumstances, though less common in Indonesia
• Joint Gift Deed: Used when multiple donors transfer property together, or when gifting to multiple recipients

• Donors (Pemberi Hibah): Property owners who wish to transfer assets without payment, typically parents or wealthy individuals
• Recipients (Penerima Hibah): Beneficiaries receiving the gifted property, often children, relatives, or charitable organizations
• PPAT Officials: Land deed officials who must create and authenticate Gift Deeds for property transfers
• Notaries: Legal professionals who prepare and certify the deed, ensuring it meets Indonesian law requirements
• Witnesses: Two or more individuals who verify the transfer's legitimacy by signing the deed

• Property Details: Gather complete property documentation, including certificates, tax records, and precise location details
• Identity Documents: Collect KTP (ID cards) and family cards of both donor and recipient
• Marriage Status: Obtain marriage certificates if needed, as spouse consent may be required
• Tax Information: Prepare tax registration numbers (NPWP) and recent property tax payments
• Witness Information: Arrange for two witnesses and their identification documents
• PPAT Appointment: Schedule a meeting with a local Land Deed Official for proper execution

• Title and Date: Full deed name, execution date, and location in Indonesia
• Party Details: Complete names, addresses, and legal capacities of donor and recipient
• Property Description: Detailed description of gifted property, including certificates and boundaries
• Transfer Declaration: Clear statement of voluntary transfer without compensation
• Donor's Rights: Confirmation of ownership and authority to transfer
• Acceptance Clause: Recipient's formal acceptance of the gift
• Witness Section: Names and signatures of required witnesses
• Authentication Block: PPAT official's certification and stamp

A Gift Deed differs significantly from a Deed of Sale in several important ways. While both transfer property ownership in Indonesia, their fundamental purposes and legal requirements are distinct.

• Payment Structure: Gift Deeds involve no monetary compensation, while Deeds of Sale require payment of an agreed purchase price
• Tax Implications: Gift Deeds may trigger gift tax obligations for the recipient, whereas Sales Deeds involve transfer tax and VAT considerations
• Legal Requirements: Gift Deeds need proof of voluntary transfer and family relationship documentation, while Sales Deeds focus on contract terms and payment verification
• Revocation Rights: Gift Deeds can sometimes be revoked under specific circumstances in Indonesian law, unlike Sales Deeds which are typically permanent once executed
• Witness Requirements: Gift Deeds often require more witnesses and stricter authentication to prevent future family disputes