CARA MEMBUAT AKTA JUAL BELI - REKOMENDASI AHLI !!

Summary

This video provides a detailed walkthrough of the process involved in creating a sale and purchase deed (AJB) for property transactions in Indonesia. It covers the role of notaries, the importance of correct signatures, and the legal steps required for transferring property ownership, including witness involvement and the handling of legal disputes. Additionally, the speaker discusses the costs associated with the AJB process and the steps for finalizing property transfers, such as submitting documents to the Land Office. The video aims to help individuals navigate the complexities of property transactions with confidence.

Takeaways

• 😀 The buyer and seller must be physically present to sign the Akta Jual Beli (AJB) unless a power of attorney is provided.
• 😀 The person named on the land certificate must be the one to sign the AJB, whether in person or through authorized representation.
• 😀 Jurisdiction for resolving disputes over property transactions lies with the court where the property is located.
• 😀 The costs of drafting the AJB and other related fees are negotiable and can be shared between the buyer and seller, or agreed upon in other ways.
• 😀 Witnesses, often from the notary's office, are present during the signing of the AJB to ensure legal validity.
• 😀 Both the buyer and seller (and their spouses, if married) must sign the AJB, with exceptions allowed through power of attorney.
• 😀 The notary provides the parties with copies of the AJB, but the original is kept in the notary's office as part of standard practice.
• 😀 If there are discrepancies in the AJB, such as incorrect data, the document may be returned to the notary for revision before submission to the BPN (National Land Agency).
• 😀 After the AJB is signed, it is submitted to the BPN for 'balik nama' (name transfer), which is the process of transferring property ownership.
• 😀 It is important to choose a trusted notary to avoid mistakes in the AJB process, as it involves legal and financial commitments.
• 😀 The script emphasizes the importance of accuracy and diligence in completing the AJB to prevent future legal or ownership issues.

Q & A

What is the role of the notary in the property sale process?

The notary's role is to draft the Akta Jual Beli (AJB), ensure all legal formalities are observed, witness the signing of the document, and submit it to the National Land Agency (BPN) for the name transfer process.

Who should sign the AJB document in a property transaction?

The person whose name appears on the land certificate must sign the AJB. If they are unavailable due to being overseas or in a different city, they must either appear before the notary or provide a power of attorney.

What happens if there are legal disputes in a property transaction?

If disputes arise, the parties agree on a jurisdiction (the district court where the property is located) to handle any legal conflicts.

Who is responsible for covering the costs of creating the AJB?

The costs for creating the AJB, including notary fees, witnesses, and transfer taxes, are typically shared between the buyer and seller as per their agreement. It can be split 50/50 or assigned to one party.

Why are witnesses required during the AJB process?

Witnesses, often from the notary’s staff, are required to verify the legitimacy of the transaction and ensure that the AJB is valid and legally sound.

What happens if the seller is married during the AJB process?

If the seller is married, their spouse must also sign the AJB, unless the spouse has granted a power of attorney to the seller, allowing them to sign alone.

What should the buyer and seller expect after the AJB is signed?

After the AJB is signed, the notary provides the buyer and seller with copies of the document. The original is kept by the notary, in accordance with notarial ethics.

What is the next step after the AJB is signed and notarized?

Once the AJB is notarized, it is submitted to the BPN (National Land Agency) for the name transfer process. If any errors are found, the document is returned to the notary for corrections before resubmission.

How is the tax obligation validated in the property transaction?

Both the buyer and seller must have their tax obligations validated before the AJB can be processed for name transfer. The buyer's tax is validated by the BPHTB, while the seller's is validated by the local tax office.

What happens if the BPN finds an issue with the AJB during the name transfer process?

If the BPN finds an issue with the AJB, such as incorrect information, it will be returned to the notary for revisions. After correction, it can be resubmitted for name transfer.