In Indonesia, when there’s a discrepancy between the name on a land certificate and the name on an individual’s identity card, it becomes necessary to obtain a Certificate of Name Discrepancy. This document serves as a crucial step in preventing potential legal complications in the future.
Why There’s a Discrepancy in Indonesia’s Land Certificate?
A Certificate of Name Discrepancy is an official document issued to establish the identity of an individual despite the existence of differing names on various identification documents. This certificate becomes essential when there are discrepancies on official documents, such as land certificates, due to various reasons.
Common Causes of Data Discrepancies:
— Data Entry Errors: Mistakes during the issuance of official documents can lead to data discrepancies.
— Name Changes: Legal name changes may not be promptly reflected on all documents, resulting in discrepancies.
— Transcription Errors: Misinterpretations or errors during document transcription can cause name discrepancies.
The importance of Correcting Name Discrepancies
A name discrepancy in your land certificate can lead to a host of problems, causing significant inconvenience and potential legal issues. Here are some of the common challenges you might face:
* Difficulty in Selling or Transferring Ownership: When the name on the land certificate doesn’t match the seller’s identity, it can complicate the property transfer process. Buyers may be hesitant to proceed due to potential legal risks.
* Obstacles in Obtaining Loans or Mortgages: Financial institutions often require a clear match between the borrower’s name and the property title. A discrepancy can hinder your ability to secure loans or mortgages.
* Inheritance Complications: If the deceased owner’s name on the land certificate differs from their legal name, it can create challenges for heirs during the inheritance process.
* Legal Disputes: In some cases, name discrepancies may lead to disputes over property ownership, especially if there are multiple claimants with similar names.
* Tax and Administrative Issues: Discrepancies can cause problems when dealing with tax authorities or other government agencies that require accurate identification.
By promptly correcting the name discrepancy, you can avoid these potential pitfalls and ensure smooth transactions related to your land ownership.
How to Make Certificate of Discrepancy in Name
A Discrepancy holds significant importance as discrepancies in names across various documents can hinder administrative processes. Since most computerized systems are interconnected, discrepancies can lead to difficulties in locating an individual’s data, effectively impeding any process requiring document verification.
Issuing Authority:
Certificate of Name Discrepancy is typically issued by the local Kelurahan (village) or Desa (subdistrict) office. It serves as an official declaration that the individual with the differing names is indeed the same person. To obtain a Certificate of Name Discrepancy for a land certificate, follow these steps:
1. Gather Required Documents:
* Letter of Recommendation from RT (Neighborhood Leader) and RW (Community Leader)
* Copies of KTP (Identity Card) and Kartu Keluarga (Family Card)
* Copies of Documents with Name Discrepancies
* Affidavit of Discrepancy in Name with legalized stamp
2. Submit the complete set of documents to the Kelurahan/Desa office.
3. Complete the application form provided by the office staff
4. Wait for Kelurahan/Desa officials to verify the submitted documents and information.
5. Data Input and Signature:
— Officials will input the necessary information into the system and prepare the certificate.
— The Lurah (Village Head) will sign the certificate.
6. Certificate Issuance
However, it is not enough to get that certificate from Desa/Kelurahan where you live. You will also need to write your own statement to explain the discrepancy of name on your land certificate. By obtaining these 2 crucial documents, individuals can effectively safeguard their legal rights associated with land ownership and apply for correction to fix the name listed on the land certificate.
Correcting Name Discrepancies on Land Certificates
Once you have obtained the Affidavit of Name Discrepancy and the Letter of Approval from the Kelurahan/Desa, proceed to the local ATR/BPN (Indonesia’s Ministry of Agrarian and National Land Agency) office submitting these documents:
* Certificate of Name Discrepancy
* Letter of Approval from Kelurahan/Desa Office
* Land Certificate with the Discrepancy
ATR/BPN officials will verify the completeness and authenticity of the submitted documents. Once verified and approved, the name change request will be processed, and a new land certificate with the corrected name will be issued. The correction fee is Rp50,000, and the average processing time is 3 business days. However, for minor name errors such as misspellings, the process may be completed within 1 business day.
Additional Notes:
— It is advisable to seek assistance from a PPAT (Land Deed Officer) to ensure a smooth and error-free process.
— Keep all related documents organized and readily available throughout the process.
— If the discrepancy involves inheritance, additional procedures may be required.
By following these steps and adhering to the guidelines, you can effectively rectify name discrepancies on your land certificate and ensure that your property records are accurate and up-to-date.
Protect Your Property with Seven Stones Indonesia
Discrepancies on land certificates can pose significant challenges to property ownership rights. The process of name correction in the local authority office can be confusing and complicated. That’s why we suggest you consider seeking professional legal assistance from Seven Stones Indonesia.
We offer comprehensive legal services for rectifying discrepancies on your legal documents. Our experienced team can guide you through every step, from obtaining the necessary requirements to navigating the application process with related ministries. Reach out to Seven Stones Indonesia today or ask away your questions about real estate business on our inquiry form below. Our team will get back to you immediately.