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  • Car ownership by Expat in Indonesia

    Reading up on a current Thread about difficulties experienced by a Forum member in paying tax on a second hand car and seeing that there could be potential difficulties with Samsat, could Forum members please respond to the following questions/queries which I have?

    1. Can an ex-pat resident in Indonesia with (or without a Kitas or Kitap) own a new or second hand motor vehicle or motor cycle in Indonesia?

    2. Can someone please give an outline of what SAMSAT stands for and how it functions?

    3. What are the key documents an ex-Pat needs for vehicle ownership?

    4. What documents should be obtained from the seller when acquiring a motor car or vehicle?

    5. Is there anything to be drawn from the fact that an ex-Pat cannot own land or property in Indonesia in his/her own name or in any other way invest in Indonesia by way of a PT and yet can potentially one or more other tangible assets in Indonesia (such as car or motor cycle) where he is shown as the registered owner

    6. How can the process be undertaken to administer a change (mutation) of the vehicle registration so that it can be localized according to domicile of the registered owner?

    Sorry if my questions are oversimplistic. I could just ask my wife who is Indonesian and owns the motor car and motor cycle which we use in our family life. She does not always explain things in a way that is satisfying on crucial issues to 'western ears'.

  • #2
    Originally posted by mrcibubur View Post
    1. Can an ex-pat resident in Indonesia with (or without a Kitas or Kitap) own a new or second hand motor vehicle or motor cycle in Indonesia?
    A foreigner holding a KITAS or a KITAP can register ANY vehicule under his name. I have registered motor, cars and trucks under my name (all plat hitam). I believe that a vehicule using plat kuning should not be registered under a foreigner's name, unless he has the proper documentation to justify it.

    Originally posted by mrcibubur View Post
    2. Can someone please give an outline of what SAMSAT stands for and how it functions?
    Samsat stands for Sistem Administrasi Manunggal Satu Atap. They are in charge of collecting all vehicule taxes/fees (BPKB, STNK, PKB, [COLOR=#000000][FONT=sans-serif]SWDKLJJ,[/FONT][/COLOR] Bea Balik Nama... etc -just look at a STNK and you will get it) and issue the registration documentation (BPKB, STNK). They include civil servants of three administrations: POLRI (the cops), Dispenda (Dinas Pendapatan Daerah, the one collecting the regional taxes) and Jasa Raharja (the national insurance for public transport and commercial vehicules). This is why you would find people with three very different uniforms in it. Depending on their uniform, you will be able to get what they are doing.
    You would find one main Samsat office per province and a cabang in each city or regency. You have to be very careful when you buy a vehicule about where it is registered (look at the alamat of the owner on the STNK). This is where you will have to extend the STNK every 5 years and pay the taxes yearly. A procedure of "pindah daerah" is no big deal but is time consuming. I've done it three times and I've survived.

    Originally posted by mrcibubur View Post
    3. What are the key documents an ex-Pat needs for vehicle ownership?
    4. What documents should be obtained from the seller when acquiring a motor car or vehicle?
    KTP OA/SKTT (you need a NIK to be inputed in the Samsat software to issue a BPKB) , Passport and KITAS/KITAP for a new vehicule. However, the dealer will address all the issues concerning the vehicule documentation.

    For a second hand vehicule, you will need the above plus:
    - the STNK
    - the BPKB
    - A valid copy of the KTP of the previous owner. The name obviously MUST match the STNK and BPKB
    - a kwitansi for the sale (dated no more than 15 days before you start the procedure of BBN (change name)
    - the car for a physical inspection.

    As a matter of fact, stay away from any second hand car vehicule which has:
    - years of taxes unpaid (check the validity of both the PKB and STNK)
    - a car which is registered in a different kota/kabupaten than yours.

    However, if you are at ease with bahasa indonesia and the procedures there are pretty good deal to be found on any car with the above characteristics. I will post a few pics of a car that I've sold recently to highlight that nothing is impossible in Indonesia when it comes to vehicules...

    Originally posted by mrcibubur View Post
    5. Is there anything to be drawn from the fact that an ex-Pat cannot own land or property in Indonesia in his/her own name or in any other way invest in Indonesia by way of a PT and yet can potentially one or more other tangible assets in Indonesia (such as car or motor cycle) where he is shown as the registered owner
    Wow... I don't know what to say and what you mean... Can you please repeat the question?

    Originally posted by mrcibubur View Post
    6. How can the process be undertaken to administer a change (mutation) of the vehicle registration so that it can be localized according to domicile of the registered owner?
    ... by going to the Samsat of origin and start the procedure there, to then finish in the samsat office of the kota/kabupaten you reside in.
    Last edited by atlantis; 23-04-13, 20:01.

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    • #3
      I think that Land ownership comes into a whole different category.. and that is why foreigners can not own it.
      A vehicle is a transient thing. It is not part of the territory so to speak. It is not about the fiscal value. It is more about politics.
      If foreigners owned land here they would start to accumulate all sorts of rights and potentially become quite powerful, that can hardly be said for owning a car.

      As for all your advice atlantis...
      I "own" 2 pre-owned vehicles. An old VW bus and a Honda Vario.
      Neither of which have had their documents changed yet... but they are still well inside their dates on the documents.
      I think the best thing , once we get the house finished and moved in is to get these vehicles changed into hubby's name
      I don't have KTP of previous owner - I know someone who will deal with all of this for me. (not an agent but a mate who knows the ins and outs of such things... one arena I am happy to leave to someone else.
      Cicak Magnet

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      • #4
        Originally posted by atlantis View Post
        I will post a few pics of a car that I've sold recently to highlight that nothing is impossible in Indonesia when it comes to vehicules...
        Done: http://www.livinginindonesiaforum.or...174#post329174

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        • #5
          5. I guess you mean the PT (PMA) owns some vehicles?
          [FONT=arial black]
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          • #6
            Thank you for those who have responded to my Thread to date.

            About my Question 5, JStar is almost hitting the 'nail on the head' about what I would like clarified for ownership of anything here in Indonesia by an ex pat. Cars, computers and other pricey tangibles can, it seems, be owned by an ex pat either singularly or multiply and without too many (or any restrictions). If I work on the premise that owning one of anything (even a TV) might be constituted for personal use, is it not a scenario by owning more than one (vehicle or computer) that it enters the realm of running a business through the eyes of the Indonesian 'system'? Theoretically, buying and selling vehicles or other tangibles could amount to a business if you make a profit.

            I have posed the question before in several different ways about the Foreign Equity Company and nobody has really responded. It may be that not so many people understand what it actually is and to be honest, I am not sure I understand I do except, suffice to say it is a commercial vehicle as an entity for running a business legitimately in Indonesia. If that is so, then could the 'articles' of the Company be broadly written to enable an ex pat to own vehicles, whether or not to do with business resale? Notwithstanding this, Atlantis has made the point that a vehicle can be owned by an ex Pat in their own name subject to certain conditions.

            I feel I am rambling a bit on this point and labouring it. Another way to ask the question is - should the vehicle be owned in personal or Company name?

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            • #7
              Originally posted by mrcibubur View Post
              Thank you for those who have responded to my Thread to date.

              About my Question 5, JStar is almost hitting the 'nail on the head' about what I would like clarified for ownership of anything here in Indonesia by an ex pat. Cars, computers and other pricey tangibles can, it seems, be owned by an ex pat either singularly or multiply and without too many (or any restrictions). If I work on the premise that owning one of anything (even a TV) might be constituted for personal use, is it not a scenario by owning more than one (vehicle or computer) that it enters the realm of running a business through the eyes of the Indonesian 'system'? Theoretically, buying and selling vehicles or other tangibles could amount to a business if you make a profit.

              I have posed the question before in several different ways about the Foreign Equity Company and nobody has really responded. It may be that not so many people understand what it actually is and to be honest, I am not sure I understand I do except, suffice to say it is a commercial vehicle as an entity for running a business legitimately in Indonesia. If that is so, then could the 'articles' of the Company be broadly written to enable an ex pat to own vehicles, whether or not to do with business resale? Notwithstanding this, Atlantis has made the point that a vehicle can be owned by an ex Pat in their own name subject to certain conditions.

              I feel I am rambling a bit on this point and labouring it. Another way to ask the question is - should the vehicle be owned in personal or Company name?
              I own several of the vehicules my wife's company operate: it includes cars, pickups and trucks. I am the owner but she is the one making a profit out of them and commercially operating them. In short, she gets the money, I have the troubles (read: the one who deal with the debtors and/or the police when anything goes wrong). Officially, I am not involved at all in the company. Supposedly, I am not even aware of what is going on.

              Imigrasi (and the police) have questioned me about it and have been satisfied by my answers. I am helping financially my wife, as any husband would do, and support her business. That's it. If anyone has to say anything about it, he'd better come with strong legal arguments.

              With immigration and the police it's mostly a question of attitude rather than a question of regulation, mrcibubur. if you are confident and assertive in your answer they will quickly leave you alone. I could fill this thread with amusing anecdotes.

              I am the owner of cars and my wife makes a profit (and pay taxes) out of them. She contributes both to the APBD & APBN. Period. I have my own company and source of income in France and can easily document anything that any shit stirrer would like to waste his/her time on.

              Does it help you to answer your question?
              Last edited by atlantis; 23-04-13, 20:06.

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              • #8
                Thank you Atlantis for responding again. I hope you do not think I am a shit-stirrer, as you put it, I was simply looking at the situation with nobody in particular in mind, I had no idea you were so much into vehicles. My question is directed to the specific issue of where the 'line is drawn' on what is constituted for personal or business and you have stated your own position on that. Your reply infers that your Wife has a business set up for that purpose.

                All I am trying to establish is by owning a second car for personal use and then selling it for a profit (if I did) (or any number more than one) how is the position viewed by the authorities that be, if for example you do not set up either an Indonesian Company or a Foreign Equity Company.

                Drifting off topic, what if you were found in possession of a bundle of smartphones, isn't there an inference to be drawn? Fair enough, different laws might seem to apply as regards foreign ownership of land and property in Indonesia but not everyone may have your insight, Atlantis, or courage or conviction, to stand up with the attitude to which you refer for what is yours.

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                • #9
                  Originally posted by mrcibubur View Post
                  Thank you Atlantis for responding again. I hope you do not think I am a shit-stirrer, as you put it,.
                  No, I do not. Apologies if you were offended and thought it was directed to you. By shitstirrer, I meant any civil servant who would think he/she could extort me some money/bribe.

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                  • #10
                    There is a good resource at http://www.expat.or.id/info/buyingacar.html . But I want to ask for your help to explain these things to my local SAMSAT. They showed me a printout of a law that says that a KTP is required for any individual (not a company) who wants to renew their STNK. But as a foreigner I only have SKTT and KITAS and passport. My SKTT does not even have a nifty number on it that would match a NIK as Atlantis the super moderator explained it. (Do I need to ask the pencatatan sipil for the NIK in addition to my SKTT?).

                    My personal situation is I have never lived in or near Jakarta. I bought a car in a foreigner's name. Then, in preparation to move to this province, I changed the name of the owner's book in the old province, and then moved here. When I got my new KITAS, I got a local license plate and a local STNK in my name at the local SAMSAT in the provincial capital, where I live now. A year later, I just want to pay my car tax (extend my STNK), but they won't do it because I don't have a KTP. So I sent my employer's agent to reason with them, and he even met with the head of the branch of police. My STNK expires today, but I thought it would be better to ask you guys for more help with the law before embarking on a cumbersome process of changing the name on my car to an Indonesian person. I've only known the locals for a year. This agent came back to me saying the new chief of police is more strict about the law than the last one, when I originally got the stnk from the same office.

                    He gave me a printout from www.abdillahrifai.com showing Bagian Kedua, Paragraf 1 Pasal 79 and Paragraf 4 Pasal 83. These portions of the law indeed only give a KTP as an option. Do you guys know another part of the law that gives an exception for foreigners? Or does the law say that a NIK can be used in place of a KTP? I feel I need to bring some proof to the SAMSAT because my assertions were shot down already.
                    Last edited by teacher21; 10-06-14, 16:30.

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                    • #11
                      this law is Peraturan Kepala Kepolisian Negara Republik Indonesia Nomor 5 Tahun 2012 dengan Rahmat Tuhan. (Since when did rahmat Tuhan divest foreigners from their property?)

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                      • #12
                        Car Ownership with a KITAS/SKTT

                        I haven't been able to download the law from 4shared... I don't have an account with them for one thing. https://www.4shared.com/zip/DHR94EjC...2012_TTG_.html

                        Originally posted by teacher21 View Post
                        this law is Peraturan Kepala Kepolisian Negara Republik Indonesia Nomor 5 Tahun 2012 dengan Rahmat Tuhan. (Since when did rahmat Tuhan divest foreigners from their property?)

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