The Affidavit of Agreement is a specialized legal instrument used in Indonesian jurisdiction when parties need to combine a formal sworn statement with contractual commitments. This document type is particularly relevant when there's a need to verify facts or circumstances while simultaneously establishing binding obligations between parties. The document must comply with Indonesian Civil Code requirements and the Law No. 30 of 2004 on Notary Position (as amended by Law No. 2 of 2014). An Affidavit of Agreement is commonly used in business transactions, property dealings, corporate matters, and personal affairs where formal declarations combined with contractual commitments are necessary. It requires notarization, proper stamping, and must be executed in the Indonesian language, though English translations may be prepared. The document typically includes detailed declarations, agreement terms, and must be witnessed according to Indonesian legal requirements.
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1. Title and Formal Introduction: Formal heading stating 'AFFIDAVIT OF AGREEMENT' and the affidavit number/reference
2. Parties: Full legal names, identification details, and addresses of all parties making the affidavit, including their capacity to enter into the agreement
3. Background: Context and circumstances leading to the agreement, including any relevant prior arrangements or relationships between the parties
4. Definitions: Clear definitions of key terms used throughout the affidavit and agreement
5. Oath/Affirmation Statement: Formal declaration that the contents are true and correct, made under oath
6. Agreement Terms: The specific terms and conditions of the agreement being affirmed
7. Representations and Warranties: Statements of fact and promises made by the parties regarding their capacity and authority
8. Duration and Termination: Period of validity and conditions for termination of the agreement
9. Governing Law: Explicit statement that the agreement is governed by Indonesian law
10. Execution: Formal signing section including space for signatures, witnesses, and notary authentication
1. Consideration: Details of any payment or value exchange, used when the agreement involves financial or material transactions
2. Confidentiality: Provisions regarding confidentiality of information, included when sensitive information is involved
3. Dispute Resolution: Specific procedures for resolving disputes, included in more complex agreements
4. Force Majeure: Provisions for unforeseen circumstances, included when long-term obligations are involved
5. Assignment: Rights and restrictions regarding transfer of rights, included when transfer of rights might be relevant
6. Notices: Communication procedures between parties, included in agreements requiring ongoing interaction
1. Schedule A - Detailed Description: Detailed description of any property, assets, or rights involved in the agreement
2. Schedule B - Supporting Documents: List and copies of relevant supporting documents referenced in the affidavit
3. Schedule C - Witness Statements: Additional witness statements or supporting affidavits if required
4. Appendix 1 - Identity Documents: Copies of identity documents of all parties
5. Appendix 2 - Authorization Documents: Powers of attorney or other authorization documents if parties are acting on behalf of others
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