Welcome to Syal’s blog! Here, I share my client’s firsthand experience with the challenges and inefficiencies they faced while dealing with notary services in Bali. This blog aims to highlight the underlying issues within the notary system, particularly those affecting foreigners like my client.
It all started when my client approached Lina, a notary staff member in the Canggu area, to handle the sale of his land. The transaction required a contract deposit, a standard practice where a portion of the sale price is paid upfront.
However, what should have been a simple process turned into a frustrating, weeks-long ordeal. The notary displayed a series of unprofessional behaviors, including a lack of knowledge, poor service, and misleading conduct.
Shockingly, my client had already visited ten notaries over the past two months, all of whom provided similarly disappointing results.
In this blog, I will examine these issues in detail, from the initial request made to the notary to the disappointing actions (or lack thereof) that followed, and the excuses provided that only added to my client’s frustration.
Additionally, I will discuss common mistakes and competency issues that seem to be widespread among Indonesian notaries, based on my client’s experiences and interactions with multiple notary staff across the region.
Furthermore, this blog offers practical advice and recommendations for those currently dealing with or planning to engage notary services in Indonesia. It is designed to prepare you, especially if you are a foreigner, for potential challenges and how to effectively navigate them.
By sharing these experiences, I hope to promote a better understanding of the situation and encourage improvements within the notarial services in Indonesia. Let’s dive into the details of what happened, why it matters, and how it could have been handled better.
What Requests Made to the Notary in Bali
My client had a frustrating experience with a notary service in Bali. They contacted a notary named Lina to manage the sale of their land. As part of the transaction, my client requested a contract deposit, which is a percentage of the land’s sale price paid upfront.
For example, if the land was priced at 8,000,000, the deposit would be 25% of that amount.
When my client first reached out to Lina, she admitted that she was unfamiliar with the concept of a contract deposit.
After my client explained it to her, Lina said she understood and promised to send the necessary document the following day.
What Services Taken by the Notary
My client was expecting to receive the document from Lina the following day, but it never arrived. When my client inquired about the document a week later, Lina claimed that she had been sick. This notary service is extremely unreliable.
On another occasion, when my client asked about the document, Lina mentioned that she was still ill. Initially, she had promised to send the necessary documents “tomorrow,” but my client did not receive anything the next day, and the timing remained unclear.
My client had to follow up again, and although Lina responded to the messages, she ended up sending the wrong documents, not the ones my client had requested. It appeared that she didn’t fully grasp the concept of a contract deposit, but she failed to ask for clarification.
Despite my client’s corrections and requests for the correct documents, Lina repeatedly promised to send them “tomorrow.” This cycle went on for two weeks, during which she sent incorrect documents on three separate occasions.
Excuses Provided by the Notary in Bali
Frustrated by the lack of progress and poor service from the notary, my client decided to visit the notary’s office in person. Although Lina had previously mentioned that she was sick, my client didn’t expect to see her at the office.
However, upon arriving, my client was surprised to find Lina working there. It became clear that she had been lying about being ill and that she works every day. It appears that she doesn’t prioritize long-standing clients.
The reason behind this behavior might be that Lina’s salary is fixed at 3.5 million IDR, regardless of her workload, and she already has 10 clients to manage. Since taking on more than 10 clients won’t increase her salary, she seems less motivated to provide quality service to additional clients.
Common Mistakes and Bad Notary Services in Bali (Based on Experience)
Based on my client’s experiences, there are several common issues and shortcomings that Indonesian notaries exhibit:
- Variability in Professional Advice: When seeking advice from various notaries, my client encountered inconsistent advice and interpretations for the same questions.
Out of the ten notaries consulted, some claimed they could assist, while others denied the possibility, revealing a lack of standardization within the profession.
- Negligence and Mistakes in Documentation: My client discovered numerous errors in documents, such as incorrect names, addresses, and codes.
This incompetence necessitated constant corrections and additional documentation, highlighting a systemic issue of negligence among notaries.
- Poor Notary Services and Client Exploitation: Notaries frequently delayed responses, with commitments like “tomorrow” extending to weeks or even months.
Moreover, fees were exorbitant and not transparent, especially for foreigners, indicating a trend of exploiting clients based on their nationality.
- Notary is not punctual : If you have scheduled an appointment with a notary in Bali, there is a high probability that upon arriving at their office, you will discover that they are not present. In some instances, you may find yourself waiting for over an hour before the notary finally shows up, despite having a pre-arranged meeting time.
Additionally, it is common for notary offices in Indonesia to change notary staff annually, which complicates continuity for clients regarding their documents.
Many notary staff earn a salary of 3,500,000 IDR per month and manage numerous clients without adequate training, resulting in a lack of skills and competency.
Frequently, notary offices fail to properly train or manage their staff, with some notaries receiving no training at all before starting their roles.
Recommendations for Notary Services Improvement
The common problems that my client faced emphasize the urgent need for improved training and management within Indonesia’s notary services. To tackle these issues and ensure that notaries maintain a high level of professionalism and ethical standards, I recommend the following:
- Implement stricter regulations and standards for notaries. This will help ensure that they provide consistent professional advice and reduce errors in documentation.
- Educate clients about their rights, the responsibilities of notaries, and the standard fees for different services. This will help prevent clients from being overcharged and empower them to demand better service.
It’s important to note that many notaries in Bali do not speak English fluently. If you find a notary who speaks English well, they may charge you a higher price for their services. On the other hand, notaries in villages outside the Canggu/Seminyak area, who may not be as proficient in English, often offer more affordable prices.
Conclusion
When working with notaries in Indonesia, especially as a foreigner, keep these points in mind:
- Be prepared for delays: When a notary says they will do something “tomorrow,” don’t always expect it to happen the next day. It could take a week or even two weeks. Be patient and follow up if necessary.
- Skill and training issues: Many notary offices in Indonesia face challenges with the skills and training of their staff. Notaries may not always have the knowledge you need because they haven’t received proper training.
- Double-check your documents: Mistakes, such as incorrect information, are common in documents prepared by Indonesian notaries. To catch any errors, carefully review your documents at least once or twice.
- Report mistakes immediately: If you find a mistake in your documents, it’s crucial to inform the person in charge right away. This helps ensure that they are aware of the problem and can take steps to prevent it from happening again in the future.
By keeping these tips in mind and being proactive in your dealings with notaries, you can help minimize the impact of these common issues and improve your overall experience with notary services in Indonesia.
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