The Purchase and Sale Deed (Akta Jual Beli) is a crucial legal document in Indonesian property transactions, required for all formal transfers of land and building ownership. This deed is regulated under Indonesian civil law and must be prepared and executed by a licensed Land Deed Official (PPAT) in accordance with Government Regulation No. 24 of 1997 and related legislation. It serves as the official documentation of property rights transfer, containing detailed information about the parties, property specifications, transaction value, and terms of transfer. The deed is essential for property registration with the National Land Office (BPN) and forms part of the official land title history. It's used in both private and commercial property transactions and must comply with strict formal requirements to ensure legal validity and enforceability under Indonesian law.
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1. Parties: Detailed identification of the seller and buyer, including full names, ID numbers (KTP), addresses, and their legal capacity to enter into the transaction
2. Background: Context of the transaction, including brief history of the property ownership and the parties' intention to enter into this sale and purchase transaction
3. Definitions: Key terms used throughout the deed, including property description, relevant documents, and technical terms
4. Object of Sale: Comprehensive description of the property being sold, including certificate number, land area, building area, boundaries, and location details
5. Purchase Price: Agreed purchase price, payment terms, and confirmation of payment received
6. Seller's Representations and Warranties: Declarations regarding property ownership, absence of disputes, encumbrances, and legal authority to sell
7. Transfer of Rights: Formal declaration of transfer of ownership rights from seller to buyer
8. Handover: Terms and timing of physical property handover
9. Tax Obligations: Statement regarding payment of transfer taxes (BPHTB and PPh) and who bears responsibility
10. Authorization: Powers granted to complete registration and other necessary administrative procedures
11. Governing Law: Confirmation that the deed is governed by Indonesian law
12. Closing: Formal closing statements, notary attestation, and signature block
1. Existing Tenancy: Required when the property is currently leased/rented and includes provisions regarding existing tenant rights and obligations
2. Mortgage Release: Required when the property has an existing mortgage that needs to be discharged as part of the sale
3. Building Permits: Required when dealing with properties that include buildings, detailing compliance with building permits and regulations
4. Utility Transfer: Required when specific arrangements are needed for transfer of utility accounts and deposits
5. Broker's Commission: Required when a broker is involved in the transaction, detailing commission arrangements
1. Property Details Schedule: Detailed technical description of the property, including exact measurements, boundaries, and technical specifications
2. Payment Schedule: If payment is to be made in installments, details of payment amounts and dates
3. Title Documents: List of all relevant title documents, certificates, and historical ownership records
4. Property Tax History: Record of property tax payments and current status
5. Property Photos and Maps: Visual documentation of the property, including official site plans and photographs
6. Power of Attorney: If applicable, any powers of attorney authorizing representatives to act on behalf of parties
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