The Deed of Sale to Land Title is a crucial legal instrument in Indonesian property transactions, required under the Basic Agrarian Law No. 5 of 1960 and related regulations. This document is mandatory for any transfer of land ownership rights in Indonesia and must be executed before a licensed Land Deed Official (PPAT). It's used when a definitive sale of land is taking place, whether between individuals, corporate entities, or a combination thereof. The deed includes essential information such as the parties' details, property specifications, price, payment terms, and warranties. It forms the basis for updating the land registry and serves as evidence of the transfer of ownership rights. Understanding of local land law, tax regulations, and zoning requirements is crucial, as the document must comply with various Indonesian legal requirements and regional specific regulations.
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1. Parties: Identification of the seller and buyer with complete legal names, addresses, and identification numbers as required by Indonesian law
2. Background: Context of the sale including brief history of land ownership and purpose of the transfer
3. Definitions: Key terms used in the deed including property description, purchase price, and other relevant terminology
4. Property Details: Comprehensive description of the land including certificate number, location, boundaries, and area size as per land certificate
5. Sale and Purchase Agreement: Core terms of the sale including purchase price, payment terms, and transfer of ownership rights
6. Representations and Warranties: Seller's warranties regarding property ownership, absence of disputes, and legal authority to sell
7. Rights and Obligations: Specific rights and obligations of both parties before, during, and after the transfer
8. Transfer of Title: Process and requirements for legal transfer of the land title
9. Tax Obligations: Details of tax responsibilities including land and building transfer tax (BPHTB) and income tax
10. Dispute Resolution: Procedures for handling any disputes related to the sale
11. Governing Law: Confirmation of Indonesian law application and jurisdiction
12. Execution: Formal execution clause and signature blocks for parties and PPAT
1. Mortgage Release: Required when the property has an existing mortgage that needs to be discharged
2. Third Party Consent: Needed when third party approval is required for the sale
3. Power of Attorney: When any party is represented by an authorized representative
4. Installment Payment Terms: Detailed payment structure when the purchase price is paid in installments
5. Building Handover: Required when buildings on the land are included in the sale
6. Environmental Conditions: When specific environmental issues or requirements need to be addressed
7. Development Restrictions: When the land is subject to specific development or use restrictions
1. Land Certificate Details: Complete copy and details of the land certificate
2. Property Tax Documents: Current and historical property tax payment receipts
3. Site Plan: Official site plan showing property boundaries and measurements
4. Building Permits: Copies of relevant building permits if structures are included
5. Payment Evidence: Proof of payment transactions and tax payments
6. Identity Documents: Copies of parties' identity cards and other required identification
7. Corporate Documents: If any party is a corporate entity, relevant company documents and authorizations
8. Land Use Permits: Copies of current land use permits and zoning certificates
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Investment
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Property Development Director
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