Freehold
Foreigners cannot own real estate. All property, land or building must be registered under the name of [HAK MILIK] Indonesian citizens, but the following solutions are available for foreigners to safely own real estate, such as:
- Establishment of PMA (Foreign Investment Limited Liability Company)
If you can set up a foreign investment company (called PMA) instead of Indonesian, I think that is the safest way. PMA can be purchased at Freehold [HAK MILIK] if you are based in Indonesia. However, in that case, the ownership name will change from HAK MILIK (RIGHT TO OWN) to HAK PAKAI (RIGHT TO USE). However, due to the revision of the law in June 2021, 1/4 of the required total capital until then. The PMA, which was able to be set up with an IDR of 2,500,000,000, must have an IDR of 10,000,000,000 or more at the time of establishment, and the cost has been greatly increased.
It also requires an IDR of 10,000,000,000 or more for one business number (called KBLI).
- Retention of KITAP / KITAS
KITAP / KITAS holders can also purchase Free Hold real estate for a period of 80 years. In that case, remember to renew every 30,20,30 years. The ownership certificate will include the purchaser's name.
Also, when the owner pass away, if you do not complete the procedure within one year, it will be automatically returned as a national property.
Please refer to the VISA page for KITAS / KITAP. ..
- User / Nominee
Needless to say "nominee" is a representative of us, we need the help of Indonesians. This Indonesian citizen will be the legal owner of the land certificate (ownership document). The flow of the contract is that the nominee and the real estate owner make a contract, and the nominee makes a separate contract with the purchaser. Be sure to do this at the notary's office. There are problems such as the contract money to be paid. This is because real estate purchased under the name of Nominee cannot be sold unless the Nominee agrees and signs it. We do not recommend this method unless you have a specific request.
You need to make a contract with your assistant while checking the detailed terms.
Leasehold
It is a right that can be used by foreigners and companies located in Indonesia. When renting a Lease Hold property, you can usually enter into a basic 25-year lease. However, some properties can be extended to 5 or 10 years by negotiating with the land owner.
A legal entity for a lease agreement will take over all the obligations and privileges associated with the property. You also have the right to resell within the number of years you have earned. If there are no extended terms agreed on in the lease agreement, the property will be returned to the landlord after the end of the term. The ownership belongs to the owner of the land, and the ownership certificate does not change.