What Is The Role of The Notary in Bali Property

What Is The Role of The Notary in Bali Property


In terms of the legal system in Indonesia, the three most commonly used services in the legal profession are provided by notaries (notaris), lawyers (pengacara) and legal consultants (konsultan hukum).

A Notary Public is an official of integrity appointed by the state government —typically by the secretary of state — to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents.

Notary services and PPAT (Land Deed Officer) is needed in the process of buying and selling property. Any agreement that intends to transfer the right to the land, grant any new right to land, pawn the land, or financing with land as collateral, must be proven by a deed made by the Land Deed Official (PPAT). The land deed and the deed of sale shall be made by Notary/PPAT as it is the only authorized official.

A notary is required to hold a bachelor’s degree in law (SH), a Masters Degree in Notarial Law followed by Ethics and Company incorporation courses and one year of practical training with a licensed notaris. Licenses to practice are issued by the Ministry of Justice. Notaris typically provide legal advice, handle civil and commercial agreements/contracts, leases, deeds and company incorporation. Many notaris also hold PPAT licenses issued by the Ministry of Lands which qualifies them to process transfers of ownership of land titles.

In conclusion, a Notary/PPAT in the execution of sale and purchase transactions is an absolute, especially for the buyer.

Here is a list of some of the duties that must be executed by a notary according to law:

  • Indonesian Prenup & Postnup
  • Article of association (foreign or local)
  • Purchase of company shares
  • Change of the board of director
  • Acquisitions of a company and all kinds of letters concerning the company
  • Article of foundation, branch office
  • Article of incorporation
  • Article of CV, UD
  • Mortgage letters
  • Wills & inheritance letters
  • Adoption letters
  • Purchase of a boat
  • All legalized documents and uncountable types of agreements and deeds
  • Rental agreements
  • Deed titles for the purchase or selling of property (Due Diligence)

Note:
The rules concerning the legal status and position of the Indonesian Notary, form part of Administrative Law as the Indonesian Notary as a public officer is appointed by decree by the Minister of Justice and like a senior civil servant, must retire at the age of 65. His/her field of authority however is limited to Private Law and in making deeds, he/she is subject to the limiting provisions of any statute law and acts of parliament.

For those wanting full legal advice, one needs to acquire the services of a qualified Lawyer/legal advisor.

Recommended Notaries:

  • Eddie Nyoman Winarta
    SH Notaris & PPAT
    Address: Jl. By Pass Ngurah Rai No.5, Kuta, Badung Regency, Bali
    Phone: (0361) 759776
    Location map: https://goo.gl/maps/zPBK8b8ich92
  • Evi Susanti Panjaitan
    SH Notaris & PPAT
    Address: Jl. Sunset Road, Kuta, Badung Regency, Bali
    Phone: (0361) 757200
    Location map: https://goo.gl/maps/JgchdvWTEi92
  • Harry Prastawa BF SH
    Kantor Notaris & PPAT
    Address: JL. Raya Kerobokan 26, 80361, Kerobokan Kelod, North Kuta, Badung Regency, Bali
    Phone: (0361) 732922
    Location map: https://goo.gl/maps/XSC7XW53xW22
  • Erma Novita, SH.M.Kn
    Notaris
    Address: JL. Raya Kerobokan, No.71 A, Seminyak Kuta, Banjar Taman Kerobokan Kelod (opposite of Jl. Beraban), North Kuta, Badung Regency, Bali
    Phone: 0812-7000-0137
    Location map: https://goo.gl/maps/JFYxgp4Dvd42

 

Reference:

LAW OF THE REPUBLIC OF INDONESIA NUMBER 30 OF 2004 ON OFFICE OF NOTARY PUBLIC

http://www.flevin.com/id/lgso/legislation/Mirror/czozMDoiZD0yMDAwKzQmZj1MYXcgTm8uIDMwLnBkZiZqcz0xIjs=.pdf