Differences Between AJB And PPJB: Definition, Terms, And Document Contents

YOGYAKARTA - In the process of buying and selling land or houses, there are two important documents, namely the Sale and Purchase Agreement (PPJB). Both documents must be understood by buyers so that transactions run safely or not wrongly. So what are the differences between AJB and PPJB?

PPJB and AJB are always the certificates included in the sale and purchase of property. For those who buy land or houses for the first time, these two documents are at first glance similar. Moreover, the manufacturing process is carried out in the same stage during buying and selling transactions.

However, AJB and PPJB are actually two different documents, both in terms of function, management procedures, and legal force. Therefore, it is very important to identify what the differences between AJB and PPJB are further.

These two documents can be recognized in several ways, namely the understanding and function, requirements, and contents of the document.

AJB is a land document or deed issued by PPAT as the basis for changing land registration data. The provisions regarding this matter are contained in the Regulation of the Minister of ATR/BPN No. 3 of 1997 concerning Provisions for Implementing Government Regulation (PP) No. 24 of 1997 concerning Land Registration, namely Article 95 paragraph (1).

So it can be understood that AJB was made to be a requirement in buyers when they were going to take care of making or changing the name of the land certificate. Meanwhile, the definition of PPJB is contained in PP No. 12 of 2021 concerning Fruits Over PP No. 14 of 2016 concerning the Implementation of Housing and Settlement Areas.

In Article 1 of the PP, it is explained that PPJB is an agreement between the construction actors and everyone to buy and sell houses or apartment units (sarusun). This sale and purchase can be done by construction actors before the construction of flats or in the process of building single houses and series houses made in front of notaries.

PPJB is the result of a series of agreements between individuals and developers that occurred during the marketing process. This agreement is outlined in the PPJB document before AJB is signed. Based on the AJB and PPJB definitions, the differences between the two are very clear.

AJB can only be made by PPAT, while PPJB is made by a notary. In addition, PPJB functions as an initial agreement document between the developer and potential buyer. After the buying and selling process is completely complete, then AJB is prepared and followed by handover of land or house to the buyer.

There are several conditions that need to be met before making PPJB and AJB. Regarding AJB requirements, it has been included in the regulation regarding the Provisions for the Implementation of Government Regulation no. 24 of 1997 concerning Land Registration.

Article 97 explains that PPAT is obliged to check before processing the making of a deed regarding the transfer of land rights or property rights to flats (HMSRS).

The examination was carried out to ensure the suitability of physical data and juridical data on land certificates with data at the Land Office. In addition, checking also aims to ensure that physical objects in the land parcel that will be transferred and/or burdened with the condition rights are not in dispute.

In accordance with Article 98, to make a deed of transfer of land rights or HMSRS and register it, no transfer of rights is required. Unless the land certificate contains a statement that the right can only be transferred with permission from the competent authority. This also applies to relocation of the right to use on state land.

If so, the transfer of rights permit must have been obtained before AJB is compiled. In addition, before AJB is made, prospective buyers are required to give a number of statements. This ha needs to be done, especially if the transfer of rights involves agricultural land.

Based on Article 99, the statement includes an affirmation that this transfer of rights does not cause prospective buyers to own land exceeding the maximum limit set by the regulations.

Prospective buyers must also state that they are not holders of attendance land rights, namely agricultural land which is located outside the area where potential buyers live.

If the statement turns out to be untrue, then the land traded will become an object of land reform. This condition makes prospective buyers have to be willing to bear the legal consequences. Meanwhile, related to PPJB, this document can be made after the construction actors meet the conditions that have been regulated. This includes the requirements for certainty as explained in Article 22I, which includes:

a. Land ownership status. Evidenced with a land rights certificate shown to potential buyers at the time of signing PPJB.

b. The things that are promised are at least about the condition of the house, the infrastructure of public facilities and utilities which are marketing information, the explanation of the PPJB material content, and the status of land or buildings if they become collateral during marketing.

c. PBG was submitted a copy according to the original to the prospective buyer at the time of signing the PPJB.

d. Availability of public infrastructure, facilities, and utilities. It is proven that the construction of minimum road infrastructure and drainage channels, construction sites of facilities according to the designation, and a statement from the construction actors regarding the availability of general utilities in the form of electricity sources and water sources.

e. Development of at least 20 percent is in accordance with the results of reports from construction supervisory consultants or construction management consultants. For single houses or houses, the construction series is at least 20 percent of the total number of units and the availability of public infrastructure, facilities, and utilities in a planned housing. Then for flats, at least 20 percent of the construction volume of buildings is being marketed.

Referring to the attachment to the Minister of ATR/BPN No. 3 of 1997, the contents of AJB contain at least the agreement to buy land or house, types of land certificates, size and boundary for land parcels, and nominal transactions.

It also contains a statement that the seller has received the purchase money completely, as evidenced by a valid receipt. Then the seller has guaranteed that the sale and purchase object is not in dispute, free from confiscation, unbound as collateral for a debt (which is not recorded in the certificate), and free from other burdens.

In addition, AJB also contains a statement that the transaction does not make the ownership of the buyer's land exceed the maximum stipulatement of land control in accordance with the provisions of the applicable law.

Meanwhile, the contents of the PPJB document are described in PP No. 12 of 2021, especially Article 22J, as follows:

Based on the contents of the documents, the difference between AJB and PPJB is quite clear. AJB is authentic evidence that the process of buying and selling land or houses has been completed, including the handover of all payments. Thus, land or houses have officially transferred ownership to buyers.

However, in order for the buyer's ownership to have permanent legal force, a transfer of land certificate names is needed. On the other hand, PPJB only contains details about agreements, guarantees, prices, and payment procedures. If there is a sale and purchase money transaction listed, the amount has not been fully paid off.

Such is the review of the differences between AJB and PPJB in the process of buying and selling land that must be understood by buyers. Both of these documents are important files to ensure that transactions take place safely and transparently. Also read different HGB and HGU.

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