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Advice Provinsi Vs Kabupaten competence for SHM

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  • Advice Provinsi Vs Kabupaten competence for SHM

    Any of you have knowledge, or experience with Sertifikat SHM issuanvce and process ?

    Looking to establish new and very first time Sertifikat SHM in Maluku Tengah Provinsi.
    We have Notaris PPAT in Ambon, with all needed preliminary papers like : Notaris Acta Jual Beli, Surat Keterengan Hak Tanah from previous owner and new owner drawn up by the Kepala Desa (not the Cemat), and others new in order Surats.
    The Notaris PPAT is in charge of the overall process.
    The Notaris in Ambon belong to the same family of the BUPATI in Kbupaten di Masohi dari Pulau Seram - Maluku
    Very lately the Notaris send/order the Chef Kepala of BPN Kantor di Masohi to go and do the land survey (GPS) on site.

    The Kepala of BPN went on site, did the GPS Survey, and said the following :
    The land is more 6.000 sqm.
    Us : the BPN Kantor from Kabupaten Masohi can only establish or edit Sertifikat with maximum land size of 3.000sqm.
    We can split the land (division) in 2 parcells of 3.000 sqm with one parcel under the name of the acutal owner, the second parcel with the another adult family member of the actual owner.
    To do so, the Notairs will do "Hiba" or "heba" with the family owner, it's simple and easy, then, us, BPN Kantor will edit 2 differents Sertifikat.

    But If you don't provide KTP Cartu of another member of the owner family : we can't process the single Sertifikat of 6.000 sqm. This is over the competence of BPN, and Bupati/Kabupaten.

    For land over 3.000 sqm issuance of Sertifikat is under the competence of Provinsi Maluku Tengah, in Kota Ambon.

    Any of you are aware about those National regulations or local specifities of competence between Provinsi Vs Kabupaten for Sertifikat issuance ?
    Thank's for any help, tips, advice....


  • #2
    Originally posted by quai1313 View Post
    (1) Any of you have knowledge, or experience with Sertifikat SHM issuanvce and process ?

    (2) Looking to establish new and very first time Sertifikat SHM in Maluku Tengah Provinsi.

    (3) Any of you are aware about those National regulations or local specifities of competence between Provinsi Vs Kabupaten for Sertifikat issuance ? ...

    (1) I know very little from the ownership of my own property (bought in my , at that time , Indonesian girfriend's name) . My girlfriened and her father went to a few PPAT notaries to ask their cost , and then decided for a PPAT notariy chosen by the seller . From what she told me the process was simple and there was no problem .

    (2) I suppose you know that a foreigner cannot get a Sertifikat Hak Milik in his/her name . If you are a foreigner married with an Indonesian , to have a SHM in your Indonesian spouse's name you need a prenup or posnup with separation of wealth .

    (3) I am not aware but the way I see it : the BPN (Badan Pertanahan Nasional) is a national institution , it probably has rules to designate the responsibilities of each BPN office . But I think that it doesn't matter which BPN office will deal with your property's document . From what I understand , you only have to choose a PPAT notary and this notary should know what to do , with which BPN office to deal , to charge the overall cost for the seller and the buyer (which includes government taxes) , .. In other words , from what I understand , you should just ask the notary to change the name of the existing SHM and pay him/her when it was done , isn't so ?

    If I was you , I would contact other PPAT notaries to : check the cost (it seems each notary can charge as much as he/she wants) , and ask other questions I would have .

    I would also search the internet for something like : cara beli tanah HM , cara mendapatkan sertifikat hak milik , ..
    Last edited by marcus; 4 weeks ago.

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    • #3
      Thank's Marcus for your contribution. And thank's for the key words
      I already know most of what your are pointing at.

      Notaris PPAT already made Acta Jual Beli between seller and buyer, and establishement of new Surats Keterangan on the name of buyer/new ower.
      Notaris is on process for establishment of very first Sertifikat HM on the name of buyer/new owner.

      My internet search, even with you key words dosen't bring any answers.

      As far as I had understood, BPN kantor is the right office to monitor process of SHM
      Is anybody know depending the size of land, or depending others considerations, if it is Kabupaten or Provinsi-Regency competant for agreement, edition of final SHM ?

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      • #4
        Originally posted by quai1313 View Post
        ... My internet search, even with you key words dosen't bring any answers...

        Then there is something wrong in you search software's setting , because for :
        - cara beli tanah HM , Google found about 1,110,000 results (0.49 seconds) ,
        - cara mendapatkan sertifikat hak milik , Google found about 3,400,000 results (0.41 seconds)
        Last edited by marcus; 4 weeks ago.

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        • #5
          Quai1313 , I think you didn't understand what I said in post no.2 .

          So , in your situation I should ask/talk to many PPAT notaries in order to know if there is/are problem(s) , know how much each of them would charge , to check if the seller's documents are ok , ...

          And besides that , I would read more detailed information about the subjects involved available in the internet .

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          • #6
            Thank's Marcus, for your help.
            Seller's documents, Acta Jual Beli, checked and done by Notaris year ago. All in good order including new documents (Several new Surats) edited by the Cemat and Kepala Desa, with saksi saksi under the name of the buyer/new owner (domestic indonesian).

            Your suggested key words brings the same results as mine which were little different.
            I found lot of usefull infos, but nothing about my problem.

            Yes Marcus, already asked one Domestic teman to call some Notaris PPAT in Ambon to enquiry and cross informations.

            In Maluku, governement employees, Kepala Kantor, orang Cemat..... Korrupted... they drive you nuts other there, Do what they want, cheat, take you money, give good says and promises.... But ! I'm sure you understand.
            Notaris pretty much the same, can't trust them. Must check and double check what they do, if the do it right !

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