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Information foreign Ownership for Get Own Properties



A Guide Only to Indonesian Law on Property ownership.


Leasehold Investment
Indonesian Nominee Agreement System
PMA Foreign Investment Company Structure

These three options are explained below in simple terms. Securing property in Indonesia (in some extreme cases) can be a lengthy process which requires patience and diligence. In most cases, however, ownership can be achieved in just a few days.

Although we are happy to offer free legal advise regarding ownership for foreigners, in some cases we recommend that you seek the best professional and legal advice to fully check all land titles, certificates of ownership and building permits, and that you have all transfer of lease or ownership documentation prepared by a reputable legal notary. We will be happy to recommend reputable lawyers.

Leasehold Investment
Until recently, this was the only means for a Foreign Investor to secure land in Indonesia. A Leasehold Investment offers complete protection to the foreigner during the term of the Lease Agreement.

A Lease Agreement is prepared, specifying the period of time, usually in terms of up to 25 years, and often with an option to extend. Any options that the Foreign Investor would like to include, such as the right to demolish, the right to extend, the right to build and the like are discussed, agreement is reached with the owner and clearly stipulated in tight legal documentation prepared by a public notary and lawyer. At the expiry of the lease period, the Agreement can be extended or the property allowed to revert to the Owner. An application to extend the Lease Agreement period should be submitted no later than a year before expiry. The Foreign Investor can negotiate directly with the landowner at the time of renegotiation in order to agree to a property lease rate for the extended lease period.
Indonesian Nominee System Agreement

Currently, Foreign Investors are not entitled to own ‘freehold’ property known in Indonesia as the Right of Ownership (Hak Milik) in their own names. However, it is possible to enter into a legal agreement with an Indonesian Nominee, who secures the title to the property on behalf of the foreigner. While the Indonesian Nominee is the registered owner, the Foreign Investor holds the land certificate as security. Land or property cannot be sold without an authentication procedure which includes sighting of the original land certificates.

At the time of property purchase, the Indonesian Nominee and the Foreign Investor simultaneously sign a legally binding private agreement. We highly recommend your nominee gives Power of Attorney to a second Indonesian citizen as a safeguard in case the nominee goes absent or cannot be found. The Foreign Investor is then able to build on the property, re-sell or lease the property or transfer the property to their next of kin. We also recommend a foreign Buyer to consider the use of a ROYA (Private Mortgage) This enables the foreign owner to have their name on the certificate as a creditor. Your chosen Indonesian Nominee may receive a pre-agreed fee for their responsibilities as the titleholder. The amount largely depends on the relationship the Foreign Investor has with the individual Nominee.
PMA Foreign Investment Company Structure

Property acquisition through a PMA (Penanaman Modal Asing) Foreign Investment Company structure enables Foreigners to own land in Indonesia, without having to have Indonesian partners. The PMA can be 100% owned by the Foreign Investor. This was originally established for large Multinational Corporations but has been extended to land holdings.

Ownership is limited to a total of 85 years in increments of 20, 25, 30 or 35 years, after which it is reviewed by the Government. It is generally renewable at a nominal cost. It seems very doubtful that the government will change the PMA structure any time soon. Positive changes have been occurring in the past few years for foreign investment and policy direction seems to be increasingly more favourable for foreigners.
Audited accounts must be regularly furnished to the Government showing the PMA trading position, and operating taxes must be paid. The cost of setting up a PMA structure is between 30 to 40 million Indonesian Rupiahs (including the cost of permissions etc.) and can take up to 4 months or more to set up. Once completed the company can apply for work permits for foreign directors or it’s foreign employees.

The disadvantage of a PMA Company property acquisition is that the property should be used for company projects only, and that a PMA Company, like any other corporate entity (Indonesian or Foreign), is not eligible for ‘Freehold’ (Hak Milik) Title. Whenever freehold land is transferred to a corporate entity, the property title is changed to Right to Build (Hak Guna Bangunan – HGB), which then has to be renewed after 20 or 30 years.

Land categories and principles of ownership
Property and Land Rights of Indonesia are based on the Agrarian Law (1960). Below are the various land categories and principles of ownership that are frequently used. Currently under this law, there are two categories of land:
Community Land – Tanah Adat

Land belonging to a certain registered community, wherein 2 individual rights and 6 community rights can be eventually converted to a certified title.
Certified Owned Land – Tanah Hak Milik
Land belonging to an individual, registered under a local land agency, and legally documented through a Notary.

There are also 5 Principles of Ownership:
Right of Ownership (Hak Milik)
The right of ownership, which can be sold, transferred, bequeathed and mortgaged to another individual. This is often referred to as ‘Freehold’ land.
Right to Build (Hak Guna Bangunan – HGB)

The right to build on the property for up to 20-30 years with the option to extend. This right can be sold, transferred, bequeathed and mortgaged to another individual.
Right to Lease (Hak Sewa Bangunan)

The right to lease a property. This right is transacted between the lessee and the lessor, and can be properly officiated by a Legal Notary under local law. Lease periods vary, with up to 25 years being usual, with an Option to Extend often being successfully negotiated.
Right of Use (Hak Pakai)

The right to use land for a specified period of time, usually a maximum of 75 years. This right cannot be sold, transferred, bequeathed and mortgaged to another individual, unless a special grant has been approved. This right is applicable to Indonesians, foreigners permanently domiciled in Indonesia, or a foreign company with a representative office in Indonesia.
Right of Managing (Hak Guna Usaha – HGU)

The right to manage state-owned property for agriculture or husbandry for up to 35 years with the option of a 25 year extension. This certificate can be mortgaged


This is an overview of the legal structures in Indonesia in respect to land and property investments. This is for information purposes only. Please consult with us or an attorney for up to date information.

Here is a simplified summary of the real property rights under Indonesian law, relevant to foreign buyers/investors.

Terms used in Sale of Villas and Land in Indonesia. We have not included information which does not pertain to foreign investment, whether individuals of companies.

Hak Milik — roughly equivalent to Freehold title of English common law jurisdictions
Hak Guna Bangunan — Building Rights Title ( HGB )
Hak Pakai — Right to Use Title

To foreign as well as domestic investors, the most important titles to be aware of are Freehold Title (Hak Milik), Building Use Title (UGB or Hak Guna Bangunan) and Right to Use Title (HP or Hak Pakai). Freehold Title (HM or Hak Milik).

Hak Milik roughly equivalent to Freehold title of English Common Law. It is a property right duly recorded in the local real estate registries, and may be used as collateral for local mortgage financing. Freehold title may only be held by Indonesian citizens, or by Indonesian legal entities that are entirely owned and controlled by Indonesian citizens.

Please be cautious of the use of the nominee system, whereby the property is purchased using an Indonesian Nominee, with a series of leases mortgages quit claim deeds and Powers of Attorney meant to provide you, the actual buyer, with protection. These types of ownership structures can be very dangerous and illegal.

The head of (BPN) Nationally Agency Hesitated that nominee owner can transfer their nominees…. Into their Indonesian wife


An individual purchasing property in Bali can choose several ways. A long term lease, typically between 25 years and 50 years or they can choose the Hak Pakai title. OR

Right to Use Title (HP or Hak Pakai)
A Foreigner CAN BUY freehold property and CONVERT the title to Hak Pakai. The Right of Use on Land (HP) is the right to use land for any purpose for a period of 25 years, and can be extended for another 20 years.

Foreign residents of Indonesia and Indonesian legal entities (including PMA companies) may hold HP titles. Under the law, Foreigners domiciled in Indonesia are allowed to own one residential property. To purchase property under Hak Pakai the foreigner must be a resident of Bali in possession of a KITAS/KITAP. This can be arranged.

A foreigner can purchase or construct a house built only on land with the right of use (Hak Pakai)

The land title can be converted back to freehold when sold or transferred. So the owner can sell to and Indonesian buyer OR another foreigner who can initiate a new Hak Pakai title on the property and restart the time frame to allow another 45 years.

New laws were recently put in place so that foreigners are now permitted to purchase apartments and office space in Indonesia if the building has a strata title status. This enables the foreigner to own the apartment or office space but not the land on which it stands.

Building Rights Title (HGB or Hak Guna Bangunan)
Companies incorporated in Indonesia that have a foreign equity component (known here as PMA companies) are allowed to possess title over property by use of Hak Guna Bangunanonly.

The right to build on land is a type of title that includes the right to build or construct on land. This form of title is available to PMAs. This type of title may be granted for an initial period of 30 years, and extended for two additional periods of 30 and 20 years (for a total of 80 years); thereafter it may be renewed for additional 30 years periods, by payment of an HGB tax; such subsequent renewals entail the right to then renew for two additional periods of 30 and 20 years, and so on. The level of taxation is set by the local Government.

HGB is a real property right, and as such is recorded in the land registries and appears on all land certificates. It may be transferred to third parties by sale, gift or inheritance, and may be used as collateral for local mortgage financing.

The land under this type of title may be freehold or leasehold. In the case of freehold title, the title is converted to HGB for purposes of investment

Using a PMA Company:
Some foreign investors looking to purchase a large site and subsequently divide the site into smaller parcels that are individually sold may also wish to utilize a PMA Company.

A foreign investor can effectively control 100% of the shares in a PMA and control the property via the HGB form of title. This is valid initially for 30 years and a further extension of 30 years and then another 20 years (for a total of 80 years); subsequently, the HGB may be renewed for similar periods of 30 years, with the right to extend for further 30 and 20 years periods. (A renewal is necessary because local real estate companies, including PMAs, have a term of up to 75 years). Most hotels, resorts and villa complexes in Bali have been built under this type of title and structure.

This document is a GUIDE ONLY. Please contact a Notaris or a Lawyer who is familiar with Indonesian Property Law for more specific information.



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