Indonesian Political, Business & Finance News

Can Land Transactions Be Conducted Without a PPAT Notary?

| | Source: KOMPAS Translated from Indonesian | Legal
Can Land Transactions Be Conducted Without a PPAT Notary?
Image: KOMPAS

In land transaction practices, some members of the public still conduct deals merely with receipts, statements, or underhand agreements without involving a notary or Pejabat Pembuat Akta Tanah (PPAT). This method is usually chosen because it is considered faster and cheaper. However, an important question arises: is a land sale transaction without a notary or PPAT still legally valid? Such transactions can be considered valid under civil law if they meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code, namely the agreement of the parties, legal capacity, a clear object, and a lawful cause. Nevertheless, in the context of land law, transactions without involving a PPAT have significant limitations. Under civil law, a land sale based on an agreement between the seller and buyer can indeed be recognised as a contract. However, such an underhand agreement is not sufficient to transfer land rights administratively in the eyes of the state. Legal practitioner Adyanisa Septya Yuslandari, S.H., M.Kn, explains that for the transfer of rights over certified land, a sale deed must be made by a PPAT. β€œIt is not strongly recognised by the state (if the land sale is without going through a PPAT notary),” Adyanisa clarified when contacted on Wednesday (12/5/2026). This deed serves as the basis for the land office to process the name change on the certificate from the seller to the buyer. Without a PPAT deed, the buyer cannot handle the ownership name change on the land certificate. In such situations, people often conduct transactions with a stamped sale letter as temporary evidence. Although it can serve as initial proof, such a document should still be promptly upgraded through official legalisation to gain stronger legal force. To avoid legal risks and provide certainty of rights for the buyer, land sale transactions should be conducted in the presence of a PPAT. In this way, the entire process can be officially recorded, and the buyer obtains clear legal protection.

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