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partrg

Hi Folks

I’ve been reading this forum with great interest and it seems like a great place to get some preliminary advice about acquiring land in Indonesia. I have some questions about the Hak Pakai title which seems to be the most secure form of investing in land.

•    Can only foreigners who live in Indonesia hold a Hak Pakai title, or can any foreigner?
•    Can more than one person (i.e. foreigner) be listed on a Hak Pakai title?
•    Would the cost per year for Hak Pakai be similar to that of a Hak Sewa (for the same property) or is it usually calculated in a different  way?

Many thanks!

Ubudian

Best to run your questions by these folks...and be sure to use an attorney (a notaris is not good enough) if you enter into any such lease here on Bali.  This is especially important if you plan to be absentee. 

http://www.austrindo.com/

partrg

Thanks very much Ubudian. Yes, based on your previous posts on this forum I'd already sent an enquiry through to austindo but received an auto-reply that they're aware for the holidays, so I'll just have to be patient!  Cheers

Ubudian

This year's Christmas and New Year holiday period also happens to be running concurrently with the high Balinese holidays of Galungan and Kuningan.  Those Balinese holidays, being based on the lunar cycle, means that this occurs infrequently, but it does mean that getting anything done during this time is more than the usual challenge.

You might try calling them, but I'd wait until after Jan 1.

kardus

sertifikat hak milik (SHM) ensure your ownership over the land, Hak Pakai means the land still belongs to the govt, you have to renew ur usage right of the land every certain period of time

Ubudian

"Hak Pakai means the land still belongs to the govt"

What on earth are you talking about? 

Furthermore, there is NO point in discussing a Hak Milik since foreigners cannot be named as land owners in Indonesia aside from certain circumstances and through a PMA investment company.

For foreigners, the Hak Pakai unquestionably remains the best legal vehicle available to foreigners to control and have full usage of land in Indonesia.

kardus

I was assuming tht the dude is going to purchase under the wive name who is a local.

Ubudian

The original poster, from Perth, makes no mention of having an Indonesian spouse. 

So, rather than muddying the waters, why not we just let this post stand with the original poster getting first class legal advice as has already been suggested?

Fred

kardus wrote:

I was assuming tht the dude is going to purchase under the wive name who is a local.


You can't do that unless you have a prenup.
Indonesian law states all property in marriage is 50/50.
If your wife owns the land, so do you.

You are in error.

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