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A notary (notaris) in Indonesia makes general authentic deeds: company deeds, powers of attorney, leases, wills and marital agreements. A PPAT (Pejabat Pembuat Akta Tanah) is the land deed official, and only a PPAT can make the deed that sells land, mortgages it, or grants an HGB or Hak Pakai title. Many practitioners in Bali hold both appointments at once, which is why people say "the notary handled my land purchase" when that person was in fact acting as PPAT.
Fees: both are capped by regulation as a share of the deed value, on different scales. See notary fees in Bali.
What is the difference between a notary and a PPAT?
| Notary (notaris) | PPAT | |
|---|---|---|
| Appointed under | The Notary Law | The land regulations of ATR/BPN |
| Makes | Company deeds, powers of attorney, leases, wills, prenups, general agreements | Land sale deeds (AJB), mortgages, HGB and Hak Pakai grants, gifts and exchanges of land |
| Can transfer land title | No | Yes |
Which one does my document need?
- Setting up a PT or PT PMA: notary. See company deeds.
- A villa or land lease: notary, as a notarial deed. See lease agreements.
- Buying land or a villa: PPAT for the AJB. See PPAT and sale deeds.
- A mortgage on land: PPAT.
- A power of attorney, a will, a prenup: notary.
- An apostille: neither signs it; the Ministry of Law issues it, often for a notarized document. See apostille.
A notarial deed alone does not transfer land. If the land office receives a land deed drawn by someone acting outside their PPAT appointment, it is rejected.
Where can a notary or PPAT act?
PPAT officials are appointed for a specific area, usually a regency or a city. A Denpasar PPAT cannot draft a deed for land in Gianyar. Before you sign, ask directly: is this person acting as PPAT for this deed, and are they licensed for the regency where the certificate sits? The principals of this office hold both appointments and work in Badung, coordinating with Gianyar for Ubud land.
Does the notary or PPAT act for me?
Both the notary and the PPAT must stay impartial. They act for the transaction, not for the buyer or the seller, and do not tell you whether the deal is sound. In nominee cases that reached court, notaries were named as defendants, and in at least one Supreme Court decision the notary was found to have committed an unlawful act simply by drawing the deeds. If you want someone checking the deal for you, that is a separate engagement before the signing day: property due diligence and contract review.
Which language are their deeds in?
An agreement with an Indonesian party must be in Bahasa Indonesia, with a version in your language or English when you sign. An English-speaking notary explains the Indonesian deed accurately and prepares the bilingual version. If you are handed an Indonesian-only deed and asked to sign on trust, ask for a translation first.
Which deeds can only a PPAT make?
Government Regulation 37 of 1998 on PPAT officials lists eight land deeds that only a PPAT may draw:
- Sale and purchase (akta jual beli, AJB)
- Exchange (tukar menukar)
- Gift (akta hibah)
- Contribution of land into a company (inbreng)
- Division of jointly held rights, for example among heirs (pembagian hak bersama)
- Grant of HGB or Hak Pakai over Hak Milik land
- Mortgage deed (APHT, akta pemberian hak tanggungan)
- Power of attorney to grant a mortgage (SKMHT)
Everything else, such as a lease, a PPJB, a company deed, a prenup or a will, is a notarial deed. That is why a lease is signed before a notary, while the sale of the same land is signed before a PPAT. The principals of this office hold both appointments.
