Badan Pertanahan Nasional

Jumat, 17 Juni 2011

Freehold of Land in Bali

Freehold of land or Hak Milik Atas Tanah in Indonesia is ruled by UUPA (Agrarian Law) where in the article 21 (1) of UUPA (UU Nomor 5 Tahun 1960) only Indonesian Citizen could have it or to be have by a legal person who indicated by the Indonesian Government. 

For expatriate / foreigner, it is not allowed to have land or property with freehold (hak milik) caused in the article 21 (3) of UUPA arranged that:

Foreigners who after the enactment of this Act to obtain property inheritance without a will or a mixture of property by marriage, as well as citizens of Indonesia have owned and after the enactment of this Act loss of nationality must relinquish that right in period of one year from obtaining such rights or loss of citizenship.  
If after that time period past the property was removed, then the right is void due to law and the land falls on the State, provided that the rights of others burdens persist.

It is completed by paragraph (4) of this article that arranged:
Over the next person to have Indonesian citizenship of foreign nationality so he can not have property rights and land with him apply the provisions of paragraph (3) of this Article.
So, it is so clearly arranged in Indonesian Law that expatriate could not have land in Indonesia with Freehold if they act as private person, but if they act with Foreign Investing Company or PMA, they can have it with rule of company (PMA) that arranged by the Government. 
The Expatriate is only allowed to use Hak Pakai (Using Right) if they are private person, or Hak Guna Usaha (Business Purpose Right) and Hak Guna Bangunan (Building Purpose Right) where the explanation will be described in the other page. 

The Clue for the ownership of lands in Indonesia with Freehold or Hak Milik is: Indonesian Citizen. 

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