Maybe for you Notary and PPAT are the same professional duties. Especially if you see on the Notary's sign that they are often combined with PPAT. However, these two professions are different. Both from a legal and professional perspective. Notary is a public official authorized to make authentic deeds and other authorities as referred to in Law no. 2 of 2014 (Article 1 point 1 UUJN).

While the PPAT is a public official who is authorized to make authentic deeds regarding certain legal actions regarding land rights or ownership rights to flats (Article 1 number 1 PP 37/1998). For those of you who want to know more about the PPAT itself, here's a detailed explanation that you can find in this article:

  • PPAT
  • PPAT Legal Basis
  • PPAT task
  • PPAT Code of Ethics
  • PPAT fee

The following is a detailed explanation of PPAT which you can see below.

PPAT

PPAT is a public official who is authorized to make authentic deeds regarding certain legal actions regarding land rights or ownership rights to apartment units. Based on PP No. 24 of 2016 PPAT has the task of carrying out some land registration activities by making deeds as proof that certain legal actions have been carried out, such as:

  • buy and sell;
  • exchange
  • grant;
  • entry into the company (inbreng);
  • distribution of joint rights;
  • the granting of building use rights/usage rights over proprietary land;
  • granting of mortgage rights;
  • power of attorney imposes mortgage rights.

Acts made by PPAT will then be used as a basis for registering changes to land registration data caused by legal acts as explained.

That is the explanation about PPAT. However, if you want to buy a house, you need a notary, not a PPAT, to complete all the documents and certificates for buying and selling the house. The following is a list of residences in the Depok area under Rp. 1 billion for your reference!

PPAT Legal Basis

The legal basis for PPAT has been stated in Government Regulation No. 24 of 2016 which contains public officials who are authorized to make authentic deeds regarding certain legal actions regarding land rights or ownership rights to apartment units. Not only that, in Government Regulations All regulations regarding PPAT are written down while carrying out their positions, including:

  • Requirements for appointing a Land Deed Official
  • PPAT scope of authority
  • Prohibition for PPAT Profession

PPAT task

Based on the PPAT extension, the duties and authorities of the PPAT carry out the land registration process by issuing authentic deeds as a legal act against land rights or ownership rights over flats. In detail, the legal actions include:

  • Grant
  • Buying and selling land
  • Exchange of land
  • Entry into the company
  • Granting of Use Rights over Freehold Land and Use Rights over Buildings
  • Granting of encumbrance bag of Mortgage Right
  • Distribution of joint rights to land
  • Making APHT (Deed of Granting Mortgage Rights)

PPAT Code of Ethics

The code of ethics is an important thing that must be considered in various work professions. Likewise with the PPAT profession, the code of ethics needs to be considered so that all work carried out can be in line with applicable law and does not overlap while carrying out duties and authorities.

The code of ethics for Land Deed Making Officials refers to the Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency regarding Ratification of the Code of Ethics for the Association of Land Deed Making Officials No. 112/KEP-4.1/IV/2017.

The regulation also states that the obligations of Land Deed Officials while carrying out their profession and in acting in daily life. Of course there are things that may and may not be done, especially when it comes to the abuse of PPAT authority.

PPAT fee

PPAT fees are usually around 1-1.5% of the transaction value. This fee calculation applies if the land has not been certified. Meanwhile for certified land, the rates given can be cheaper, which is around 0.5% of the transaction value. As for notary fees, you can see them here.

Determination of PPAT fee rates can be influenced by many factors, so that each PPAT in each region can have different costs. Some of the factors that affect the amount of PPAT fees are as follows:

Based on Position and Experience

Usually, PPAT offices whose domiciles are in big cities/regions will have higher rates than offices in small towns. In addition, the experience of the workers is also very influential on the rates offered. The more senior a PPAT, the higher the cost compared to a PPAT who is still new.

By Property Location

This relates to the Selling Value of Tax Objects. Each region certainly has a different NJOP, which is why PPAT rates can be different in each region.

Based on Taxes Paid

Before issuing a deed related to the legality of land at PPAT, you must first pay off the BPHTP (Tax for Acquisition of Land and Building Rights) and PPh (Income Tax).