Written by Aimee Joy David on 02/08/2024
The author’s views are entirely their own and may not always reflect the views of Putranto Alliance.
The Sale Purchase Deed, known as Akta Jual Beli (AJB), plays a crucial role in the process of transferring property ownership. This legal document is used in real estate transactions to formalize the transfer of ownership rights from the seller to the buyer. The AJB serves as official proof of the transaction, detailing the terms and conditions under which the property is sold and ensuring that the transfer of rights is recognized by law. This process is essential for maintaining legal clarity and protecting the interests of all parties involved in property transactions.
A Sale Purchase Deed is a legal document that facilitates the transfer of ownership of land or property from a seller to a buyer. This deed is essential in property transactions as it serves as legal evidence of the transaction and the change in ownership. The document includes details of the buying and selling activities and the transfer of rights to land or buildings.
According to Article 37 of Government Regulation Number 24 of 1997
on Land Registration, the transfer of land rights and property rights to apartment units through various means such as buying and selling, exchanging, grants, and income in companies, among other legal acts, must be registered with a deed made by an authorized Land Deed Official/Pejabat Pembuat Akta Tanah (PPAT). This regulation ensures that the transfer of rights is legally recognized and documented.
The Sale Purchase Deed is indispensable in property transactions for several reasons:
Legal Evidence
It serves as legal proof of the transaction and the change in ownership, ensuring that the transfer is recognized by law.
Clarity and Transparency
The deed provides a clear record of the terms and conditions agreed upon by both parties, including the purchase price, payment terms, and any other relevant details.
Protection of Rights
It protects the rights of both the buyer and the seller by documenting the transaction and preventing future disputes over ownership.
Regulatory Compliance
The deed ensures that the transaction complies with local laws and regulations, such as those stipulated in Government Regulation Number 24 of 1997 on Land Registration.
Facilitation of Future Transaction
Having a properly executed Sale Purchase Deed simplifies future transactions involving the property, such as resale or inheritance..
The optimal time to execute a Sale Purchase Deed is during the final stages of a property transaction, specifically when the following conditions are met:
Due Diligence Completed
Both parties have completed all necessary due diligence, including verifying the property's legal status, checking for any encumbrances, and ensuring that all taxes and fees are up to date. This process also includes checking the required documents are available and have been verified.
Agreement on Terms
Both the buyer and the seller have agreed on all terms and conditions of the sale, including the purchase price, payment schedule, and any contingencies.
Financial Arrangements Finalized
The buyer has secured the necessary funds for the purchase, and the seller is prepared to transfer ownership upon receipt of payment.
Executing a Sale Purchase Deed offers numerous benefits for both the buyer and the seller:
Legal Security
Provides legal protection and security for both parties by formally documenting the transfer of ownership.
Regulatory Compliance
Ensures that the transaction complies with all relevant laws and regulations, thereby avoiding potential legal issues.
Financial Clarity
Clearly outlines the financial terms of the transaction, including the purchase price and payment terms, ensuring transparency.
Ease of Future Transactions
Simplifies future transactions involving the property, such as resale, inheritance, or mortgage, by providing a clear legal record.
The process of executing a Sale Purchase Deed involves several steps, each requiring careful attention to detail:
Preparation of Documents
Tax Obligation
Execution of the Deed
Registration
Finalization
The Sale Purchase Deed is essential when buying or selling property in Indonesia. It serves as the foundation for the transaction, providing clarity and protection for both parties. Due to the complexity and regulatory requirements surrounding property sales in Indonesia, seeking legal advice and assistance from qualified professionals, including a notary public or land deed officials (PPAT), is highly recommended.
At Putranto Alliance, we offer comprehensive support throughout the entire process of making a Sale Purchase Deed. Our services include:
Legal Consultation
Providing expert legal advice to ensure compliance with all relevant laws and regulations.
Document Preparation
Assisting in the preparation and verification of all necessary documents, including land certificates, tax receipts, and identity documents.
Fee Calculation
Helping calculate and manage the payment of all required taxes and fees.
PPAT Coordination
Coordinating with authorized Land Deed Officials (PPAT) to schedule appointments and ensure the proper execution of the deed.
Registration Assistance
Facilitating the submission and registration of the deed with the National Land Agency.
Follow-Up Services
Offering follow-up services to address any issues that may arise during or after the transaction.
A land purchase agreement is a contract that outlines the terms and conditions of the sale, including the purchase price, contingencies, and responsibilities of the parties involved. It’s a legally binding document that sets the stage for property transfer. On the other hand, a Sale Purchase Deed is a legal instrument that formally transfers ownership from the seller to the buyer. Both documents are necessary to ensure that the transaction is legally binding and properly documented.
Cash Principle (Azas Tunai): This principle mandates that the payment for the land must be made in full at the time of the transaction. The deed must include a statement confirming that the seller has received the full payment, evidenced by a receipt. This ensures that the seller cannot later claim non-receipt of payment.
Clear Principle (Azas Terang): The transaction must be conducted openly and transparently before a Land Deed Official (PPAT). This guarantees the authenticity of the land status, the rightful holder, and the legality of the transaction.
A response to the inquiry will be sent to the provided email within 2 working days.
putranto@putranto-alliance.com
Jl. Denpasar Raya Blok C4/24
Kompleks Menteri, Kuningan
Jakarta Selatan, 12950, Indonesia
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