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  • BATAM - Buying Land/House/Apartment

    I am trying to find out if it?s possible to buy land or a a house in Batam under my Indonesian wife name, we already have a pre nup make previous to getting married in Jakarta

    I spoke to an agent who has told me that all property inc land is leasehold for everyone (citizen and foreigner), is this true?

    Im thinking to buy land or a house on the outskirts of Batam centre for myself and family to live. is this possible?

    or the other option is an apartment in nongsa region, which is leasehold for everyone including citizens, I believe for 25 years and can be extended another 25 and 20 years.

    any input is appreciated.

    thank you.

    horun


  • #2
    Originally posted by Horunmeah View Post
    (1) I am trying to find out if it's possible to buy land or a a house in Batam under my Indonesian wife name, we already have a pre nup ...

    (2) I spoke to an agent who has told me that all property inc land is leasehold for everyone (citizen and foreigner), is this true?

    (3) ... other option is an apartment in nongsa region, which is leasehold for everyone including citizens, I believe for 25 years and can be extended another 25 and 20 years.

    (1) It is possible if the prenup is of the "Pisah Harta"/Wealth Separation type . Be informed that if you divorce your wife will have 100% of the property .

    (2) I don't know , but if it is a government land Indonesians can buy Hak Pakai certificate and later convert it in Hak Milik certificate (full ownership) .

    (3) It is now for : 30 years , then + 20 , then 30 years .


    ----------------------------------------------------------------------------------------


    This lease is not exactly a lease that many may know from other countries . It is a specific government certificate usually called "Hak Pakai/Right to Use" which is a government's registered certificate similar to how the full ownership (Hak Milik) is registered . Usually companies also have these type of property certificates .


    http://www.livinginindonesiaforum.or...-house-in-indo (Hak Pakai - Regulations)

    http://www.hukumonline.com/klinik/de...jadi-hak-milik , March 2014 (Requirements for upgrading Hak Pakai into Hak Milik)

    Note : Translation can be done at Google Translate

    Last edited by marcus; 30-12-19, 07:09.

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    • #3
      There is a loop in law which helps you use the house in case of your wife's death/divorce. You can arrange with notaris a contract which states that in case of divorce/death the house will be available for your use as long as your visa is valid. But you cannot own land that's true. But there are ways. This loop is often use by expats who obtained permanent kitas by being here legally for more then 10 years

      By the way I am from Batam too so I can tell you about it in details.

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      • #4
        Originally posted by Yaan-jan View Post
        (a) ... You can arrange with notaris a contract which states that in case of divorce/death the house will be available for your use as long as your visa is valid ...

        (b) This loop is often use by expats who obtained permanent kitas by being here legally for more then 10 years ...

        (a) It is the first time I hear that . I don't recommend , but if somebody want to try , don't mention "as long as your visa is valid" because ;
        - first , when you are inside Indonesia your visa already does not exist - what you have is a "Stay Permit" ,
        - second , I don't see why to mention "visa" or "Stay Permit" .

        Instead of a contract like that , I would prefer a proof you lend the money to your wife (but I don't know if it would work though) .

        (b) I guess you are mistaken . First : there is no "permanent kitas" . A KITAS is a Limited Stay Permit . Second : the only rule I know about 10 years is the one that states that "if you divorce your Indonesian spouse after 10 years of marriage , you can keep your KITAP (not KITAS) , but you will have to find another Indonesian sponsor" .

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