Thread: Land Ownership Process: Notaris vs. Attorney?

I have recently been searching through the archives here and noticed the below statement from Roy, so this is addressed to Roy, and whoever else may have any experience in these matters:

"That you are using lawyers and not notaries is excellent. Notaries, (or notaris) as they are called here, cannot argue a case in the Regency courts, whereas a lawyer, should it come to that, can. When we buy land, we always use a notary, but that is only because the land certificates are all in my wife’s name. However, in my view anyway, any land lease transaction, or purchase using a PMA or Indonesian sponsor should always be done through an attorney. And for certain, possession of the certificate of the land you are to lease, if that’s what you decide to do, or buy through a third party (Indonesian), should be held not by the leasor, or third party, but rather your attorney."

I myelf have been considering a land purchase in the name of Indonesian friend. I have a deep level of trust with this person, built on 5 years of friendship, so I do not anticipate any problems. But because the said piece of land is in his own village, I am somewhat wary, but certainly not distrustful. I do have a few questions though, if anybody has a moment to answer.

In the event that there may in the future be some problem, would I be at a distinct disadvantage having used a notaris for the process?

Even though I use the notaris for the process, would I be able to find a lawyer willing to argue on my behalf in the future, in the event that we may have to go to court?

You mentioned that it would be advisable if the attorney would ultimately be the holder of the certificate. Wouldnt it be even safer if
I myself were to hold the certificate? My thinking here is to avoid any possibility of collusion.

And finally, is there an astronomical difference between an attorney's fees in these circumstances, or are they fairly similar?

OK, thats it for now. Thanks for any advice from anyone.

~Shakar~

OM SHANTI

just to ammend:

what I meant in the final question was the difference between notaris fees as compared to attorney's fees...

ok thanks!