YOGYAKARTA - Can you handle the Certificate of Ownership (SHM) without a notary? This question often arises in the community who want to save on land certificate processing costs. Many people think that the notary or Land Deed Officer (PPAT) is the only way to handle SHM.
In practice, the public does often give power to a notary or PPAT to handle land certificates at the Land Office (Kantah). This method is considered practical because the applicant only needs to submit documents and wait until the SHM is completed. However, not a few want to handle SHM independently.
Can I Manage SHM Without a Notary or PPAT?Basically, the public can take care of SHM without a notary or PPAT by directly visiting the local ATR/BPN Office. This is allowed as long as the applicant already has an authentic deed as proof of obtaining land rights. The deed is usually made by a notary or PPAT previously.
For example, to change the name of the SHM from the sale and purchase, the applicant must have a Deed of Sale and Purchase (AJB) made by the PPAT. Without this document, the SHM management process cannot be continued.
Thus, the notary or PPAT still plays a role in the stage of making legal deeds. However, after the deed is owned, the public can actually take care of the SHM administrative process independently at BPN without having to use the services of a notary or PPAT again.
Conditions for Making SHMPreparation of SHM For land and/or buildings that have not been certified requires a number of documents that must be prepared, including:
Original Building Use Rights Certificate (SHGB) or other land deed. Population Card (KTP) Family Card (KK). Tax Notification Letter of Unpaid Land and Building Tax (SPPT PBB) Letter of land ownership. Photocopy of Building Permit (IMB) if there is a building on the land.Meanwhile, to change the name of SHM requires additional documents according to the basis of the transition. For sale and purchase, the applicant must attach the original land certificate, Deed of Sale and Purchase (AJB), land history certificate, and certificate of non-dispute. A certificate from the village is also an important part.
As for the name change because of inheritance, a letter of testamentary disposition and a death certificate of the heir are required. This document serves to prove the legal relationship between the heirs and the inherited land. All documents must be declared valid and accountable.
The completeness of documents is the main factor for the SHM management process to run smoothly. If one document is not available, the BPN officer has the right to delay or reject the application. Therefore, applicants are advised to re-check all requirements before applying.
How to Handle SHM Directly at BPNThe first step is to visit the local ATR/BPN Office and apply for the creation or reversal of the SHM name. The applicant must fill out the form and submit all the required documents to the officer. After that, the officer will check the completeness of the documents and give a receipt.
The next step is the measurement of land by BPN officers. Officers will come directly to the land location to ensure the size and boundaries of the land. This measurement result is then made into a survey letter that is ratified by the authorized official.
After the survey letter is approved, the A Committee team will examine the physical and legal data of the land. The legal data is then announced at the village office for 30 to 60 days. If there are no objections, BPN will issue a SHM in the name of the applicant.
Applicants are also required to pay the Land Rights Acquisition Tax (BPHTB) according to the applicable land area and NJOP. This payment can be made after the survey letter is issued. The amount of fees varies depending on the value of the land.
The last stage is the registration of the Land Rights Deed and the issuance of a certificate by the Land Rights and Information (PHI) sub-section. After the process is complete, the applicant can pick up the SHM at the BPN office. This certificate is proof of ownership of a valid land rights.
Overall, the time it takes to handle SHM independently ranges from about six months. The length of the process depends on the completeness of documents and administrative conditions at the local BPN.
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