Legal Consultant or Advocate? Notary or PPAT?
What are the differences?
24 April 2021
Credit by Indonesia Soken
Serial: Justicia Legal Articles
There are many people who have no idea when they want to do law related things. Where do I have to go? A lawyer or a public notary ? This might be because not many people actually know about this kind of profession. Actually, the legal profession is not just lawyers and public notaries. Legal consultants and land deed officials (pejabat pembuat akta tanah or PPAT) are also legal professions. But, many people thought that legal consultants and lawyers are the same profession and thought public notary and PPAT are the same profession as well. In reality, these four professions have different meanings.
In order to prevent further misunderstandings, this article will help you to understand the differences between legal consultants, lawyers, notary public and PPATs, who to contact and where to go to solve the problem.
- Legal Consultant
A legal consultant in general means a person who provides legal advice or performs non litigation services. But, a legal consultant’s scope of work is limited and can only provide legal advice to clients. The scope of work is different from a lawyer.
- Lawyer / Advocate
In Indonesian legal terminology, a lawyer is known as an advocate. It is based on Act no 18 of 2003 on advocates. Advocates means a person who provides legal services, both inside or outside the courtroom. Legal services that can be provided by an advocate include legal counseling, legal assistance, exercise of power, representation, accompaniment, defense, and other legal actions for the legal benefit of the client. The scope of work of an advocate as defined by law is broader than the scope of work of a legal consultant.
Advocates are licensed to practice through a process of appointment and taking a professional oath as advocates. To be appointed as an advocate, one must have a higher legal education, take the advocacy specialization, pass the advocacy specialization exam, and complete a two-year internship at a law firm.
The scope of work for advocates covers the entire country of Indonesia. This means that if you have a legal problem in Bali, you can contact a lawyer registered in Jakarta and avail of his services. In addition, the services of an advocate can be performed in all areas of law, including general criminal law (fraud, embezzlement, theft, etc.), special law (drug abuse, corruption, illegal logging, etc.), civil law, state administrative law, and state administration law.
- Land Deed Officials (Pejabat Pembuat Akta Tanah/PPAT)
The Profession of PPAT is based on Government Regulation No 37 of 1998 provides the position rules for land deed preparation officials. This regulation has been amended several times.
PPATs have a duty to perform several land registration activities by preparing deeds that serve as evidence of legal acts related to land rights and condominium ownership, and serve as the basis for registering changes in land registration data due to legal acts. The legal acts that can change land registration data are sale, exchange, grant, enrollment, co-ownership of common rights, grant of building rights/use rights over land ownership, grant of mortgage, and grant of authority to mortgage.
Unlike advocates, PPATs can only operate in one province. For example, a PPAT with Central Jakarta as its area of responsibility can only conduct land registration in the Special Capital Region of Jakarta area. However, a PPAT may also serve as a public notary.
Public Notary
The profession of public notary is regulated in Act No. 30 of 2014 on the Status of Notary Public. This regulation has been amended several times.
A public notary is a public official with the authority to prepare genuine deeds and has the following powers For example, they can ratify signatures, determine the date of a handwritten letter, record a handwritten letter, make a copy of an original handwritten document, verify the conformity of the copy to the original, provide legal education on deeds, prepare deeds for land, and prepare auction minutes.
Notaries reside in regencies and cities, and their office area covers the entire province of Indonesia from their place of residence.
To simplify the above description, you can contact :
- Legal Consultant if you would like to discuss any legal issues.
- Lawyers or Advocates, if you wish to consult on legal and regulatory matters, draft contracts, business disputes and issues, have problems with the police or immigration authorities, manage permits, or represent yourself in court or out of court.
- PPAT: For land registration.
- Notary Public: For making genuine deeds.
If you need legal advice, company establishment and related permit procedures, visa and residence permit procedures, intellectual property registration (copyrights, trademarks, patents, industrial designs, etc.), and other law-related services, we are the best solution for you. We have partnered with experienced legal consultants, lawyers/advocates, PPATs and notaries in various fields throughout Indonesia.
Consulting Services info :
Hotline: +6285718923842
Email: contact@indonesiasoken.com
Reference:
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Legal Consultant or Advocate? Notary or PPAT? What are the differences?
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Authored by : Fitri Aulia | 22 December 2020
Recent Property Development
The Covid-19 pandemic has dealt a quite severe blow to the property business sector in 2020. During the PSBB period, business activities were very sluggish and it can be said that some business actors suffered severe losses.
However, entering the new normal period, the economic activity in several sectors including property has begun to revive from the previous period. The role of the government triggers the revival of Indonesia’s property business activities.
Government Stimulus
The assistance provided by the government is in the form of subsidies or incentives for interest subsidies to debtors of public housing credit (KPR), which is contained in the Minister of Finance Regulation (PMK) Number 138 / PMK.05 / 2020 and amendments to PMK 85 / PMK.05 / 2020 regarding the guidelines for providing interest subsidies in the effort to implement the National Economic Recovery program.
In early March 2020, the Government decided to increase the allocation of housing financing assistance by IDR 1.5 trillion for Low-Income Communities (MBR). This was stated by the Director General of Infrastructure Financing of the Ministry of Public Works and Public Housing (PUPR) Eko Djoeli Heripoerwanto in a webinar, Wednesday (29/7/2020).
In addition, the Government also has Bank BTN as their partner-collaboration to implement their OMH Program aimed at Low-Income Communities (MBR) with low interest rates and low installments for the purchase of a prosperous tread house and a welfare apartment.
Bank BTN noted, in 2015 they have provided housing financing assistance totaling 474,099 units. Then in 2016 as many as 595,540 units, in 2017 to 666,806 units, in 2018 to 755,093 units, and in 2019 to 735,749 units.
As of September 2020, BTN has provided home ownership credit support (KPR) of 93,448 units which cost as much as Rp. 15.6 trillion. These support provided by BTN is significant for the survival of the business property sector.
BTN commitment on supporting business property has not slackened. In fact, during the pandemic, BTN continuously provides support for the government program.The distribution of subsidized KPR is still a mainstay of BTN for the One Million Houses program.
Source : Bank BTN (visit : https://www.btn.co.id/id/Conventional/Product-Links/Produk-BTN/Kredit-Konsumer/Pinjaman-Bangunan/KPR-BTN-Subsidi)
Positive Trend in Q3 2020
There is a positive trend during Q3 2020 after it drastically dropped earlier in the year, indicates there is potential for the revival of Commercial Property Demand in Q4 2020 and the next Q1 2021.
Source : Bank Indonesia
Hotels and convention halls are two sectors whose demand has risen quite drastically in the Q3 after falling badly in the previous quarter. This demonstrates positive potential for its development in the future. Meanwhile, the demand of apartment remains low and still struggles to revive until now.
Growth of Commercial Property Demand in Jabodetabek
Overall in Jabodetabek, the commercial property sector also experienced a positive increase during Q3 2020.
In Jakarta, all commercial property demands show positivism with hotels being the most prominent in their development at Q3 2020. After previously shows a negative number, the total index in Q3 has at least increased to be positive.
Source : Bank Indonesia
Meanwhile, the growth in the total commercial property index jumped drastically in Bogor, Depok and Bekasi. Same case with Jakarta, its hotel sector are also the most prominent in reviving, at least in the Q3 2020.
Source : Bank Indonesia
As we can see on charts above, the hotel segment shows a great improvement in demand. This was driven by various kinds of promotions offered by hotels to adapt in this situation such as providing huge discount, staycation packages, working from hotels offer, and wedding reception packages.
Why Hotels?
As Indonesia gradually eases lockdown restrictions, the hotel occupancy rates across the country including Jakarta, have slowly started to pick up. However this is not without several efforts and sacrifices driven by people in the hotels sector to improve and revive the hospitality business sector in Indonesia.
To get through this hard times, efficiency and innovation are the main keys. Therefore, there are several trends created specifically to adapt to this era. Hotels competing with each other to offer a flood of discounts. To further intensify its sales strategy, there are several e-commerce platforms that is becoming a great place to advertise rooms and staycation packages, such as Traveloka. The Buy Now Stay Later also sticks to this trend.
Hotels discounts on Traveloka (Source : Traveloka)
Another new trend is the Work From Hotel (WFH). As you might know, the abbreviation of WFH was initially stands for Work From Home. To connect the dots, Working From Hotel then exist and created because there are more and more office workers are getting bored with the atmosphere of their house and desperate to look for a new atmosphere. It’s a trend where hotels prepare rooms, complete with equipment and facilities to work (e.g : Wi-Fi , stationer, and free printing facilities,etc).
Source : Instagram @harrisfxsudirman and @arunasenggigi
During the transitional PSBB period, indoor wedding receptions are allowed to be held again after previously was banned temporarily due to the massive increase of the Covid-19 spread. This becomes the opportunity that triggers the revival for the hotel business.
However, this permission is also accompanied by the requirement to fulfill and comply with the health protocols made by the government. These includes the limitation of attendees to a maximum of 25 percent of normal capacity. Then, the seating distance for visitors is set at least 1.5 meters. Visitors are also prohibited from passing by or changing seats. The eating and drinking utensils must be sterilized, while the serving of food is prohibited from using a buffet. Last but not least, the wedding staffs are required to wear a mask, face shield and gloves.
One of the breakthrough in this trend was the make of “Virtual Wedding” ever since June 2020. As this was the case held by The Sunan Hotel Solo, which offer a virtual wedding service package for 44.5 million. The event is only attended by the couple and their family members, meanwhile guests are able to attend the wedding virtually through various platforms such as Zoom, YouTube, Facebook and Instagram, while enjoying food sent by the hotel to their residences.
Source: The Sunan Hotels Solo
Finally, we might conclude that the property business in Indonesia has the potential to develop more despite the massive impact it has taken from pandemic outburst. Combining the stakeholders effort and the government’s support to stimulate this sector are expected to help revive the business sector in the future.
References
Bank Indonesia. (2020). Perkembangan Properti Komersial (PPKOM).
Kementerian Pekerjaan Umum dan Perumahan Rakyat. (2020, November 3). Tingkatkan Kepemilikan Hunian Layak, Realisasi Program Sejuta Rumah Hingga Akhir Oktober 2020 Capai 601.637 Unit. Retrieved from https://www.pu.go.id/berita/view/18970/tingkatkan-kepemilikan-hunian-layak-realisasi-program-sejuta-rumah-hingga-akhir-oktober-2020-capai-601-637-unit
Kementerian Pekerjaan Umum dan Perumahan Rakyat . (2020, January 3). Capaian Pembangunan Rumah Tembus 1,25 Juta Unit. Retrieved from https://perumahan.pu.go.id/berita/view/227/capaian-pembangunan-rumah-tembus-1-25-juta-unit
Kompas. (2020, July 29). Alokasi Tambahan Rp 1,5 Triliun untuk Perumahan Terkait 3 Program. Retrieved from https://properti.kompas.com/read/2020/07/29/191334021/alokasi-tambahan-rp-15-triliun-untuk-perumahan-terkait-3-program?page=all
BUMN inc. (2020). Target Penyaluran KPR Bank BTN Naik Menjadi 300.000 Unit Per Tahun. Retrieved from http://bumninc.com/target-penyaluran-kpr-bank-btn-naik-menjadi-300-000-unit-per-tahun/?more=2