An authentic deed (Indonesian: akta otentik) is a document drawn up in the form prescribed by law, by or before a public official authorised to do so, at the place where the deed is made. The notarial deed is its most common form in private law.
Legal Basis
Article 1868 of the Indonesian Civil Code defines the authentic deed. The office and duties of notaries are governed by Law No. 30 of 2004 on the Notarial Office, as amended by Law No. 2 of 2014. Land deeds are drawn up by Land Deed Officials (PPAT), and civil registration deeds by civil registry officials.
Evidential Force
Under Article 1870 of the Civil Code, an authentic deed provides perfect proof (bukti sempurna) between the parties, their heirs and successors of what it contains. A judge must accept its contents as true unless the opposing party proves otherwise. This contrasts with a private deed (akta di bawah tangan), whose signatures may be denied, placing the burden on the party relying on it.
When It Is Required
Indonesian law requires a notarial deed for many transactions, including the establishment of a limited liability company and amendments to its articles of association, fiduciary security agreements, and certain gifts. Land transfers must be made before a PPAT.
Executorial Force
Certain notarial deeds, such as a grosse of an acknowledgement of debt (grosse akta pengakuan utang), carry the heading "For the Sake of Justice Based on Belief in the One Almighty God" and may be enforced like a final court judgment, without the need for a lawsuit.