Real Estate

Contracts for handover in Indonesia

2016/11/03

インドネシアでの引渡しに伴う契約書

The level of the land purchase agreement

If you are buying an apartment in Indonesia, you will receive a room key along with the official handover notice (Berita Acara Serah Terima) when the unit is completed, before a formal sales contract is drawn up and legal ownership is transferred from the management company to the purchaser.

In real estate transactions, when changing the name of the land deed (Sertifikat Tanah), an administrative scrivener (Notaris), a notary public (Pejabat Pembuat Akta Tanah = PPAT) who prepares the contract for the land, prepares a certificate of land transfer (Akta Jual Beli) to certify the transfer of ownership, but before that, when the transaction is concluded between the seller and the buyer, the buyer makes a contract payment (Tanda Jadi) or a down payment (Uang Muka) to the seller and also prepares a reservation agreement (Perjanjian Pengikatan Jual Beli = PPJB).

After having my 2012 Avanza appraised by Mobil 88 (an Astra Group used car dealer) the other day, I agreed to the sale price, but I didn't want to have the car until after delivery of the new car, so the person in charge said, "Let's make a PPJB.

The point is that a PPJB is a contract between a buyer and a seller without going through Notaris, so it may be prepared for large transactions other than real estate transactions. If it is prepared, Mobil88 will pay me a down payment, and I will not be obliged to return the down payment even if the buyer stops buying for some reason.

  1. Perjanjian Pengikatan Jual Beli (PPJB)
    An informal (Akta non otentik) reservation agreement between a seller and a buyer in a sales contract.
  2. Pengikatan Jual Beli (PJB)
    The booking agreement that Notaris creates before the creation of the AJB
  3. Akta Jual Beli (AJB)
    Official land transfer deed prepared by Notaris

Two original copies of the AJB will be made, one will be kept at Notaris and the other will be sent to the Bureau of Land Management (Kantor Pertanahan) for registration (notifying and recording the "status" and "title relationship" of the land or building to the Legal Department, a state agency) or to change the name.

The seller and buyer will be given a copy of the land transfer deed (Salinan Akta = Copy of the Deed).

Just as evidence of possession is important to the buyer, evidence of relinquishing possession, even if taken by the seller, is a document that proves there is no legal liability and may be required for tax purposes.

Incidentally, when we sold KIOS in Mangga Dua, the management office issued an agreement (Perjanjian Pengalihan Hak dan Kewajiban atas Kios) regarding the transfer of KIOS rights and obligations, which is considered to be an AJB.

Official handover information(Berita Acara Serah Terima)

I bought a KIOS in Mangga Dua about 10 years ago (sold in 2016), and after paying in full at the time, I was handed over the keys (Serah Terima Kunci) at the administration office.

This is the Serah Terima Kunci, and the deed of delivery is called Berita Acara Serah Terima (BAST).

It is a basic Indonesian language, but it is used in a slightly different meaning from the meaning used in everyday life, so it is a confusing word for Japanese people.

  • Berita ⇒ means "announcement" rather than "news".
  • Acara⇒means keresmian (official), not schedule (event/schedule).
    The meaning of the official guide so far
  • Serah⇒handover (extradition)
  • Terima⇒acceptance (receipt)
    However, in serah terima it is an idiom for "delivery", so the whole thing means "the official guide to delivery".

In Indonesia's System Integration (Information System Building) Agreement, the inspection of the development software and various documents is completed by issuing Berita Acara Serah Terima from the contractor to the contractor.

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