The Deed of Sale Without Land Title is a crucial document in Indonesian property transactions, particularly in regions where formal land registration is not yet complete or in areas governed by traditional customary law (Hukum Adat). This document type addresses the common situation in Indonesia where land ownership exists de facto but lacks formal registration in the national land registry. It includes specific provisions to protect both buyers and sellers, incorporating elements of both civil law and customary law, and typically requires validation from local authorities and community leaders. The deed must carefully document the property's physical characteristics, ownership history, and boundary descriptions to establish clear ownership rights and prevent future disputes. It's particularly relevant in rural areas, developing regions, and areas transitioning from traditional to formal property systems.
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1. Parties: Identification and details of the seller and buyer, including full names, ID numbers, addresses, and marital status
2. Background: Context of the sale, history of land ownership, and explanation of why the land is without formal title
3. Definitions: Key terms used in the deed, including property terminology and local land rights concepts
4. Property Description: Detailed description of the land including boundaries, measurements, location, and any existing structures
5. Seller's Declarations: Seller's warranties about ownership rights, absence of disputes, and authority to sell
6. Purchase Price: Agreed purchase price and payment terms
7. Transfer of Rights: Terms of transferring ownership rights and possession
8. Representations and Warranties: Standard warranties about property condition, disputes, and encumbrances
9. Risk and Handover: Terms for property handover and transfer of risk
10. Taxes and Costs: Allocation of transaction taxes, registration fees, and other costs
11. Dispute Resolution: Process for resolving any disputes related to the transaction
12. Governing Law: Confirmation of Indonesian law application and relevant jurisdiction
13. Execution: Signature blocks and notary attestation
1. Customary Law Acknowledgment: Section acknowledging applicable local customary law (Hukum Adat) - used when the land is in areas where customary law is strong
2. Third Party Claims: Additional provisions dealing with potential third-party claims - used when there's higher risk of ownership disputes
3. Future Title Registration: Provisions for cooperation in future land title registration - used when parties plan to register the land officially
4. Existing Occupants: Terms dealing with current occupants or users of the land - used when the property has existing tenants or users
5. Agricultural Usage: Special provisions for agricultural land - used when the land is used for farming or plantation
6. Environmental Conditions: Provisions regarding environmental responsibilities - used for properties with potential environmental issues
7. Installment Payments: Detailed payment schedule and terms - used when purchase price is paid in installments
1. Property Map: Detailed sketch or map showing property boundaries and measurements
2. Ownership Evidence: Copies of any unofficial documents evidencing historical ownership
3. Payment Schedule: Detailed schedule of payments if not made in single payment
4. Photographs: Recent photographs of the property and its boundaries
5. Neighbor Declarations: Written statements from neighboring landowners confirming boundaries
6. Local Authority Letter: Statement from local authorities confirming no disputes over the land
7. Tax Payment History: Records of land and building tax payments
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