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Deed of Donation
I need a deed of donation to formally document the transfer of ownership of a piece of land in Jakarta to a local charity organization. The document should include details of the donor and recipient, a clear description of the property, and any conditions or restrictions on the use of the land.
What is a Deed of Donation?
A Deed of Donation is a legal document that officially transfers ownership of property or assets from one party (the donor) to another (the recipient) without any payment in return. In Indonesia, these deeds must be created by and signed before a PPAT (Land Deed Official) when they involve land or buildings, or a notary for other valuable assets.
This deed protects both parties by clearly documenting the transfer details, preventing future ownership disputes. Indonesian law requires specific formats and language for donation deeds, particularly under the Civil Code (KUHPerdata) and Islamic Law Compilation (KHI) - which is especially relevant when donations involve family members or religious institutions.
When should you use a Deed of Donation?
Use a Deed of Donation when transferring valuable property or assets to family members, charitable organizations, or religious institutions in Indonesia without receiving payment. This formal document becomes essential for major gifts like land, buildings, vehicles, or significant monetary donations - especially when tax implications or future ownership claims could arise.
A properly executed Deed of Donation proves particularly valuable during family estate planning, charitable giving to foundations, or transferring assets to religious organizations like mosques or temples. Indonesian law requires this deed for land transfers through PPAT officials, while other significant donations need notarization to ensure legal protection and prevent future disputes about the gift's validity.
What are the different types of Deed of Donation?
- Land/Property Donations: Requires creation by a PPAT official, includes detailed property descriptions, and must follow strict land registry requirements
- Charitable/Religious Donations: Often used for gifts to mosques, temples, or foundations, with specific terms about religious or charitable use
- Family Transfers: Common in estate planning, includes special provisions for family relationships and inheritance considerations
- Corporate/Business Donations: Used when companies donate assets, requiring additional corporate approval documentation
- Monetary Donations: Specifically structured for cash or financial instrument transfers, with clear payment and transfer terms
Who should typically use a Deed of Donation?
- Donors: Individuals, families, or organizations transferring property or assets, who must prove ownership and legal capacity to donate
- Recipients: Charitable foundations, religious institutions, family members, or organizations accepting the donated assets
- PPAT Officials: Land deed officials required to create and authenticate property-related donation deeds
- Notaries: Legal professionals who draft and authenticate non-property donation deeds
- Tax Officials: Government representatives who assess and process any applicable donation taxes or exemptions
- Legal Advisors: Lawyers who ensure compliance with Indonesian civil law and religious law requirements
How do you write a Deed of Donation?
- Property Details: Gather complete descriptions, ownership certificates, and current value assessments of assets being donated
- Donor Information: Collect identification documents, proof of ownership, and confirmation of legal capacity to make the donation
- Recipient Details: Document the receiving party's complete legal identity and registration status (especially for organizations)
- Legal Requirements: Determine if PPAT (for land) or notary (for other assets) authentication is needed
- Tax Implications: Research applicable donation taxes or exemptions before finalizing the transfer
- Supporting Documents: Prepare any required supplementary paperwork like family consent letters or corporate approvals
What should be included in a Deed of Donation?
- Title and Date: Clear identification as a Deed of Donation with execution date and location
- Party Details: Complete legal names, addresses, and identification numbers of donor and recipient
- Property Description: Detailed specifications of donated assets, including certificates or registration numbers
- Transfer Statement: Clear declaration of voluntary transfer without compensation
- Ownership Rights: Confirmation of donor's legitimate ownership and right to transfer
- Acceptance Clause: Recipient's formal acceptance of the donation
- Authentication: PPAT or notary certification details as required by asset type
- Signatures: Spaces for all parties, witnesses, and official authenticator
What's the difference between a Deed of Donation and a Donation Agreement?
A Deed of Donation differs significantly from a Donation Agreement in several key aspects under Indonesian law. While both documents involve transferring assets without payment, their legal weight and requirements vary considerably.
- Legal Formality: A Deed of Donation must be notarized or executed before a PPAT official, while a Donation Agreement can be a private document between parties
- Property Transfer: Deeds of Donation immediately transfer ownership rights, whereas Donation Agreements often outline future transfer intentions
- Legal Standing: Deeds carry stronger evidential weight in court and are required for land transfers; Agreements serve more as preliminary arrangements
- Revocability: Donations made through Deeds are generally irrevocable once executed, while Agreements may include cancellation terms
- Registration Requirements: Deeds must be registered with relevant authorities for certain assets; Agreements typically don't require official registration
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