Under article 3 paragraph 1 of Stamp Duty Law, the following documents are required to be documentary duty stamped:

1. Civil-natured documents, as elaborated in article 3 paragraph 2 of Stamp Duty Law, covering:
   1. Agreements, certificates, statement letters, or other similar letters as well as their original copies;
   2. Notarial deeds including its grosse, official duplicates, and excerpts;
   3. Deeds that are drawn-up by Land-Deed Officials as well as its official duplicates and excerpts;
   4. Registered commercial papers and in any kind of forms;
   5. Transaction documents of commercial papers, including transaction documents of futures contracts including registered futures contracts and in any kind of forms;
   6. Auction documents including excerpts of auction minutes, auction minutes, official duplicates of auction minutes, and grosse of auction minutes;
   7. Receipt or acknowledgement of indebtness being paid in full or partly paid with amount of money more than Rp5.000.000,- (five million rupiah) or its equivalent in other currencies; and
   8. Other documents determined by Government Regulation as the implementing regulation of Stamp Duty Law.
2. Documents used as evidence in courts.

Exemption of having the above documents being documentary duty stamped are permitted for the following condition:

1. Documents contains transfer of rights over lands and/or buildings which are purposed for economic or social recovery in certain area affected from natural disaster;
2. Documents contains transfer of rights over lands and/or buildings in order to implement religious and social activities (non-commercial purpose);
3. Implementation of the Government’s programs and/or state institutions’ policy in monetary and financial sector; and/or
4. Documents related to the implementation of bilateral/multilateral international agreement between Indonesia and other country(ies) or between Indonesia and other international institution(s).

Single Tariff

Different from the previous regulations which categorize the tariff of the stamp duty into three types with maximum tariff of Rp6.000,- (six thousand rupiah), this Stamp Duty Law stipulates single tariff i.e. Rp10.000,- (ten thousand rupiah).

New Form of Stamp Duty

Stamp Duty Law introduces new form of stamp duty i.e. electronic stamp duty and other forms of stamp duty. Electronic stamp duty, as stipulated in article 14, will have a unique code and will contain certain information that will be futher stipulated in Minister of Finance Regulation. Meanwhile other form of stamp duty, as stipulated in article 15, is a stamp duty which is made by way of digital stamp machine (in Indonesian called as “mesin teraan meterai digital”), computerized system, printing technology and any other system or technology. Further implementing regulations stipulating these types of stamp duty will be enacted by the Minister of Finance.

Post-dated Duty Stamp 

Post-dated duty stamp is used for civil-natured documents being unpaid or underpaid and documents to be used as evidence in courts.

The payable stamp duty on civil-natured documents, must be paid in full including its fine amounting to 100% (one hundred percent) of the stamp-duty tariff. This fine is lower than the fines stipulated in the previous law, Law 13/1985.

For the documents used as evidence in courts, post-dated duty stamp tariff is  Rp10.000,- (ten thousand rupiah) without any fines.

Transitional Provision of Stamp Duty Law

Unpaid or underpaid documents signed prior to Stamp Duty Law taking into force are still payable. These documents must be paid in accordance to provisions under Law 13/1985.

The stamps issued under Law 13/1985 remain valid and usable up to one year after Stamp Duty Law is effective. Within this transitional periode, the stamps issued under Law 13/1985 can be used with minimum amount of Rp9.000,- (nine thousand rupiah).

Criminal Sanction

Any and all party conducting criminal acts under this Stamp Duty Law will be penalized with maximum 7 years in prison and/or fines amounting to Rp200.000.000,- (two hundred million rupiah) until Rp500.000.000,- (five hundred million rupiah).

This newsletter is for informational purposes only and solely intended to provide general information and should not be treated as legal advice, nor shall it be relied upon by any circumstance or create any relationship. All summaries of the laws, regulation and practice in the contents are subject to change. Specific legal advice should be sought by interested parties to address their particular circumstances.

If you have any question and/or wish to discuss further about the above or to discuss the impact of these legal and commercial developments in your particular case, please reach out to Cylvie at cylvie@sapartnerslaw.com and/or Sunu at sunu@sapartnerslaw.com