Written by : Rima Gravianty Baskoro, S.H.
Managing Partner of Rima Baskoro & Partners Law Office
On December 28, 2015, Ministry of Law and Human Rights of Republic of Indonesia published a new regulation regarding property ownership by Expatriate in Indonesia. The regulation is Government Regulation Number 103 Year 2015 regarding Ownership of House or Residence by Expatriate Residing in Indonesia (“Government Reg. No. 103/2015”), which replaces the Government Regulation Number 41 Year 1996 regarding Ownership of House or Residence by Expatriate Residing in Indonesia (“Government Reg. No. 41/1996”)
As a matter of fact, property ownership by Expatriate in Indonesia has been regulated in Chapter IV, Article 41 – 43, Indonesian Law Number 5 year 1960 regarding Agrarian Principle Rules and on Government Reg. No. 41/1996, therefore the property ownership by Expatriate is not something new in Indonesia. But Government Reg. No. 10/2015 regulating more detail about the terms and conditions of property ownership by Expatriate, including the property heritage and legal consequences of such property in mix marriage (different nationality). Here will be explained about the legal way for Expatriate to own property in Indonesia with Right to Use (Hak Pakai), together with its regulation, legal consequences and legal Title of such property owned by Expatriate.
A. How Could A Expatriate Owned Property in Indonesia?