What do foreigners have to do if they want to use an Indonesian nameholder?

What do foreigners have to do if they want to use an Indonesian nameholder? 
It is best to use a well known company to arrange your contracts, and it is not unusual to ask a second opinion about the contracts. Important issues are inheritage and marriage. A foreigner married to an Indonesian woman, needs to have a marriage contract f.i.

Procedures for Property Acquisition. All transactions of land rights must be via deeds executed before a land deed official at the local office of the Pejabat Pembuat Akta Tanah (PPAT) where the land is located and must be registered in the regional office of the National Land Agency. The PPATs are privately managed offices (usually run by a notary) authorized by the National Land Agency to handle land acquisition matters. Although there is no regulation that contracts have to be in Indonesian language, it is recommended having contracts and agreements always drawn up and executed in Bahasa Indonesia (or two languages) to prevent later arguments that the local partner did not fully understand the content.

Property Sales Tax. When property is sold there is tax to be paid by both the selling and the buying party. This is 5%, for each, over the amount that is on the sales contract. Please note that the amount on the sales contract can be different from the actual price agreed upon. The tax has to be paid to the notary handling the transaction. Project developers usually include all in their pricing schemes, but when negotiating please ask how sales tax will be handled. Many a foreigner got an unpleasant surprise after agreeing on a price and hearing of the extra tax.

Documents drawn up at the Notary. There are four documents needed: Number one describes that the foreigner gives money to the Indonesian name holder to buy land and property and the Indonesian gives this land and property to the foreigner to use it, out of his free will. The document also describes that the name holder gives the foreigner permission to sell , to rent it out or rebuild the house or property. It states that the agreement, if necessary, passes automatically to the heirs, as well of the foreigner as the name holders. It states that all of the property costs (electricity, water and taxes) have to be paid by the foreigner. The official "Sertipikat" will be in the foreigners possession as well as the statement of cession, signed by the name holder. Only with this "Sertipikat Hak Milik" it is possible to sell the land. In the second document the selling of the property is granted to the foreigner. The name holder gives his explicit permission to do so. In the third document the name holder gives permission to rent out the house or property. The fourth document commits the name holder to co-operate, if the time ever comes that foreigners can own land and property in Indonesia, in making the foreigner being the new name holder on the "Sertipikat". In case the law changes in the disadvantage of foreigners, the name holder will co-operate in changing the agreement into a lease-contract of 50 years with option for another term.

Choose the right Indonesian Partner to "own" your property or land. This may take some time and asking around. Talk with foreigners in your area, and don"t haste.

Properties can be owned by companies, like a PT or a PMA. A PT is an Indonesian "Limited", a PMA is a foreign investment company which can be owned 100% by foreigners. The PMA property license has to be renewed every 20 or 30 years. Setting up a PT costs about 7 to 10 million rp, a PMA around 35 million rupiahs.


The government offers foreign investors land rights that are relevant to the nature of their business. Prospective buyers of land for any purpose should consult the local government authorities on land use, planning and zoning. Based on a Presidential Decree issued in June 1996, foreigners domiciled in Indonesia are allowed to own one residential property. To meet the regulations of ownership of a house or an apartment, a foreigner must be deemed to be "beneficial to national development" and must be either:

An Indonesian resident (domiciled permanently in Indonesia) in possession of a permanent resident permit
A non-resident (domiciled in Indonesia only at particular times) in possession of appropriate visit and immigration stamps in his/her passport.
A foreigner can purchase or construct a house built only on land with the right of use (Hak Pakai), the right of use with the right of proprietorship, or the right of lease (Hak Sewa). An apartment can only be purchased by a foreigner on land with right of use (Hak Pakai). Foreigners are not, however allowed to purchase houses or apartments classified as "low cost housing" or "very low-cost housing".

Ownership is limited to 25 years, and can be extended for another 25 years provided that the foreigner remains an Indonesian resident or meets the status requirements. If the foreigner departs from Indonesia, the property must be sold or transferred within one year after departure. If the foreigner or his family does not use the house for more than 12 consecutive years, then the foreigner forfeits the "being domiciled" status, for the purpose of owning residential property.

Taken from http://www.bali-information.com/IndonesiaPropertyOwnership.php