Tips Hukum: Yang Perlu Diperhatikan Ketika Membeli Tanah dan Bangunan

Summary

This video from Legal Access provides crucial legal tips for purchasing land or property in Indonesia. It explains the step-by-step process, starting from checking land certificates and legality to understanding the importance of working with the right officials like PPAT (Land Deed Officials) rather than just a notary. The video highlights the differences between land ownership types, such as 'Hak Milik' and 'Hak Guna Bangunan,' and stresses the need for thorough legal checks to avoid future complications. It also covers the importance of legal agreements like AJB (Sale and Purchase Deed) and PPJB (Binding Sale and Purchase Agreement).

Takeaways

• 📝 It's crucial to start by checking the legal status of the land or building before buying.
• 🏢 Land purchase must involve a Pejabat Pembuat Akta Tanah (PPAT), not just a notary.
• 🆔 Ensure the seller presents the original land certificate or at least a certified copy.
• 🏠 Ownership types vary: 'Hak Milik' (full ownership) has higher legal standing than 'Hak Guna Bangunan' (building use rights).
• 📅 'Hak Guna Bangunan' has a limited period of 30 years, extendable for 20 more years, which should be considered in negotiations.
• 📏 Always verify the physical land size matches what's listed in the certificate to avoid discrepancies.
• 📝 The name on the certificate must match the seller's identity. If not, further verification is needed.
• 🧑‍🤝‍🧑 If the seller is married, their spouse must also sign the sale agreement, unless the land is personal inheritance.
• 📜 If issues delay the sale, a 'Perjanjian Pengikatan Jual Beli' (PPJB) can be used as a temporary agreement.
• 🛡 A PPJB made with a notary provides stronger legal protection, especially regarding the payment of the purchase price.

Q & A

What is the first step to take when buying land or a building?

The first step is to check the legal status of the land, including verifying the certificate and ensuring that the property aligns with your requirements. You can start by asking the seller to show the certificate, or at least a copy, and then have a PPAT (Land Deed Official) conduct a thorough check at the Land Office.

What is the difference between a notary and a PPAT?

A PPAT (Land Deed Official) is a public official authorized to handle land transactions, including creating sale and purchase deeds (AJB). While every PPAT is a notary, not every notary is a PPAT. During a land sale, the notary assumes the role of PPAT, and the PPAT must be located in the jurisdiction where the land is situated.

Why is the type of land rights important in a property transaction?

The type of land rights, such as Hak Milik (ownership rights) or Hak Guna Bangunan (building use rights), affects the legal standing and value of the property. Hak Milik provides full ownership without a time limit, while Hak Guna Bangunan is limited to a 30-year period with possible extensions. This factor can influence the property's price and future legal processes.

What should you check in the land certificate before making a transaction?

You should check the type of land rights, the land area according to the certificate and the actual physical land size, and the name of the certificate holder. It's important to ensure the person selling the land is the rightful owner according to the certificate.

How should you handle a situation where the seller is not the registered landowner?

If the seller's name differs from the certificate holder, you should request that the seller resolves any outstanding ownership issues, such as completing a name transfer or inheritance claims. You can also ask for a notarized power of attorney if the seller is authorized to act on the owner's behalf.

What is the significance of a Power of Attorney (surat kuasa) in land transactions?

A notarized Power of Attorney allows someone to represent the landowner in legal transactions. This is useful when the original landowner cannot be present to sign the sale and purchase deed (AJB). However, this document must be notarized to be valid.

What should you do if you’ve paid for the land but can’t complete the AJB immediately?

In such cases, you can create a temporary agreement called a 'Perjanjian Pengikatan Jual Beli' (PPJB), which protects your payment until the AJB can be finalized. It's recommended to have this agreement made by a notary to ensure legal protection.

What are the legal risks of buying inherited land?

When buying inherited land, all heirs must agree and sign the AJB. If even one heir refuses or is absent, the transaction cannot proceed. This could lead to legal disputes, and heirs might contest the sale in the future.

How does marriage affect land transactions for a married seller?

If the seller is married, their spouse must also sign the AJB unless the land is classified as personal property (such as inheritance or pre-marriage assets). This is because land is generally considered joint marital property.

Why is it important to ensure the land area matches the certificate in a land transaction?

Verifying that the land’s physical area matches the certificate prevents disputes over boundary lines or partial sales that may have occurred without official documentation. A mismatch could indicate prior unregistered sales or encroachments, leading to legal complications.