Procedural Tips For Signing A Notarial Deed

How a Seemingly Unimportant Omission Can Lead to Disputes on the Validity of a Notarial Deed

Have you ever experienced a case where your company deals with another party in a transaction which is required by the Indonesian law to be made in a notarial deed, such as a fiduciary security (jaminan fidusia) deed or land mortgage (hak tanggungan) deed? If so, you may need to understand in more detail the procedures for signing a notarial deed so as to avoid any unnecessary mistakes that might jeopardize your transaction.

If any claim is lodged asking for annulment of a notarial deed due to procedural failures during the making of the notarial deed, the judges may decide to accept or reject the claim. If the judges render a decision in favour of the plaintiff, the notarial deed will no longer be a formal notarial deed, and therefore the deed will become a privately made agreement. In this regard, reference is made to Article 1869 of the Indonesian Civil Code, which