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How foreigners can own property in Indonesia?

Finally , Foreigners Allowed To Have property in Indonesia

Polemics about the legal ownership of a house or dwelling by strangers seem to be terminated

President Joko Widodo ( Jokowi ) has signed Government Regulation ( PP ) No. 103 of 2015 concerning Home Ownership Housing or Residential by Foreigners Domiciled in Indonesia on Monday ( 22/12/2015 )

under consideration to give more legal certainty real estate ownership or by foreigners who domiciled in Indonesia.

In this regulation mentioned that referred Foreigners domiciled in Indonesia is a person who is not a citizen of Indonesia ( citizen ) whose existence benefit , do business , work or invest in Indonesia, "Foreigners can own a house for a residence or investment with the right to use , "reads Article 2 paragraph 1 )

Foreigners can have a residence or Landed house referred to is a Foreigner holders of residence permit in Indonesia in accordance with the provisions of the legislation.

In the case of Foreigners passed a away , according to this regulation , homes or houses as intended can be inherited . Heir referred must have permission to stay in Indonesia in accordance with the provisions of the legislation.

Government Regulation ( PP ) No. 103 of 2015 is also organized that citizens who marriage with Foreigners can have the same rights to land with Indonesian citizen .

" Land rights as mentioned , is not a property that is evidenced by the separation agreement property between husband and wife , which is made by notarial deed , " reads Article 3 paragraph ( 2 ) of this Regulation.

Type of Houses

As for the landed house or dwelling that can be owned by Foreigners referred to is :

a. Landed House :

1. Right to Use ; or

2. Use Right above controlled under an agreement granting right to use on above Right by Land Deed Officer/Public Notary.

b . Satuan rumah susun ( apartment units ) were built on plots of land Right to Use.

According to this regulation , private house on the land -use rights a Foreigner can have granted for a period of 30 ( thirty ) years , and may be extended for a period of 20 ( twenty ) years. In the case of an extension period referred to expire , Right of Use may be renewed for a period of 30 ( thirty ) years.

The single house is on the ground Use Right above Hak controlled under an agreement referred granted right to use for an agreed period not longer than 30 ( thirty ) years.

Right of Use may be extended for a maximum period of 20 ( twenty ) years as agreed with the to landlord, and can be renewed for a maximum period of 30 ( thirty ) years as agreed with holders of land rights .

"The extension and renewal referred implemented throughout Stranger still has a residence permit in Indonesia , " the wording of Article 8 of Government Regulation No. 103 of 2015.

Mandatory Release

Regulation No. 103 of 2015 is also confirmed , if the foreigners or heirs are o have a house on the land Right to Use or pursuant to an agreement with the holders of land rights is no longer domiciled in Indonesia , within a period of one (1) year mandatory release or transfer rights to their house and land to others who qualify . if within the period referred to ( 1 year ) house and land rights have not been released or transferred to another party who qualify , according to this regulation , the house was auctioned by the State , in a case built on the land -use rights on State lands.

The house belong to the holder of the rights to the land in question , in which case the house is built on land under the agreement as intended.

" the auction results referred to in paragraph ( 2 ) letter a the rights of former holders of rights , " reads Article 10 paragraph ( 3 ) of this Regulation.

Further provisions on the procedures for granting , release , or transfer of rights to ownership of houses by Foreigners , regulated by ministerial regulation / agency heads who held government affairs in the agrarian department.

This regulation comes into force on the date of enactment December 28, 2015 , by the Minister of Law and Human Rights Yasonna H Laoly.

 

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