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  • Inheriting Houses in Indonesia

    Just wanted to thank you all for this forum. I am a WNA married without a prenup and we are now finding ourselves in a situation where my wife is to inherit 2 houses from her parents. After asking the Notary she informed us that it was impossible. I did broach the subject of making a postnup but (as you mentioned) they dont exist.

    Any ideas on the cost or other implications of getting a divorce and remarrying? This seems to be the most legal way to solve the issue.

    Thanks in advance for any advice.

  • #2
    I don't know if the reference below (Land Law UU no.5 Year 1960) is still valid , but according to its Article 21(3) , you and your wife CAN inherit the houses (if there is no Will) , but you two have to sell them within one year .

    Agreed divorce for Muslims is very cheap , less than Rp300k . Marriage is also cheap . A poster said their marriage at KUA cost Rp500k . I paid Rp1 million , maybe because KUA helped to get divorce and religion conversion documents . But be informed that the prenup is not relevant to the inheritance case .


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


    (non official translation)
    Article 21 of UU no.5 Year 1960

    (1) Only a citizen of Indonesia may have property rights.

    (2) The Government stipulates the legal entities that can have property rights and terms.

    (3) Foreigners who after the enactment of this Law do obtain property by inheritance without a will ..., as well as Indonesian citizens who have property and after the enactment of this Law loses their citizenship , must relinquish it within one year since obtaining such rights or loss of citizenship . If after that time period past the property was not released, then that right is lost because the the land is transferred to the state, provided that the rights of other parties which encumber still ongoing.

    (4) For a person who in addition to his/her Indonesian citizenship has foreign citizenship(s) , ... the provisions of paragraph 3 of this article is applicable .

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

    Original text of UU no.5 Year 1960 , Article 21(3) :

    (3) Orang asing yang sesudah berlakunya Undang-undang ini memperoleh hak milik karena pewarisan tanpa wasiat atau percampuran harta karena perkawinan, demikian pula warga-negara Indonesia yang mempunyai hak milik dan setelah berlakunya Undang-undang ini kehilangan kewarga-negaraannya wajib melepaskan hak itu didalam jangka waktu satu tahun sejak diperolehnya hak tersebut atau hilangnya kewarga-negaraan itu. Jika sesudah jangka waktu tersebut lampau hak milik itu dilepaskan, maka hak tersebut hapus karena hukum dan tanahnya jatuh pada Negara, dengan ketentuan bahwa hak-hak pihak lain yang membebaninya tetap berlangsung.
    Last edited by marcus; 06-05-12, 10:33.

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    • #3
      interesting subject my questions can you help explain it to me ?
      1. i am foreigner maried legally ( islam ), and my name is on the KK no ;2, below my wife.
      2. If my wife should past away what will happen ? foreigners cannot hold property , do i have to sell after 25 years mariage no pre up within 1 year ?
      3. there are 3 steph children in the picture, which are not the finest, then still do they have a right to take it from me ? or can i sell to my stept grandson, who is a very fine person
      4. also funds in the bank ? how does this work when its all in her name ?
      5.do we have to go to a notaris for this all, since there are not much repr. notaris in here hehe
      6. so i am wna, legally married, and our properties all have certificates in my wifes name

      thanks you for clearing some up i hope
      hank

      Comment


      • #4
        Originally posted by henkrubus View Post
        (a) If my wife should past away what will happen ? ... no pre up ...

        (b) there are 3 steph children in the picture, ...

        (c) also funds in the bank ? how does this work when its all in her name ?

        (d) do we have to go to a notaris for this all, ...

        (a) Without a prenup :
        1. You could not legally buy a house/apartment Hak Milik (full ownership title) during the marriage . If you did , you may have problems in the future to sell it .
        2. If the house/apartment was bought before the marriage , then you & children can inherit it , but you and any dual citizen children will have to sell your parts within 1 year .

        (b) If they are your wife's legal children , they will inherity with you .

        (c) Things other than full ownership title house/apartment/land will be normally inherited by you and your wife's legal sons/daughters .

        (d) House/apartment/land , certainly a PPAT notary will have to participate . For other things , I don't know .

        Note : a PPAT notary is the one who can deal with property ownership change



        http://www.expat.or.id/info/inheritanceissues.html (about inheritance)

        http://www.livinginindonesiaforum.or...969#post226969 (post no.122 , Islamic inheritance Law)

        Comment


        • #5
          Very interesting discussion...
          I’m a bit confused what to do about our situation.
          We are planning to go to Indonesia and look for a suitable house for our base in Indonesia. But after reading this thread and other thread relating to the issue of inheritance, it makes us think again.
          We were married in an Islamic ceremony by the KUA official. No pre nup. One child. Our son is now 23 and had the dual citizenship for some years but did not choose one or or the other when he was 21.
          So my questions are:
          What to do first, buy the property or to form a PT ?
          When we buy the property, should we put the PT name as the owner of that property, rather than my name as the Indonesian citizen?
          Anybody had any experience in establishing a PT for this mix marriage purposes in Jawa Tengah or Jogjakarta?

          Many thanks in advance

          Comment


          • #6
            Originally posted by snowdrop View Post
            (1)...We were married .. No pre nup..

            (2) Our son is now 23 and had the dual citizenship ...

            (3) What to do first, buy the property or to form a PT ?

            (4) When we buy the property, should we put the PT name as the owner of that property, rather than my name as the Indonesian citizen?

            (5) Anybody had any experience in establishing a PT for this mix marriage purposes in Jawa Tengah or Jogjakarta?

            (1) To buy a property in the Indonesian spouse's name you need a post-nuptial agreement/separated wealth .

            (2) Indonesia Law does not allow anyone aged 23 to have dual citizenship , so I guess that legally he lost his Indonesian citizenship . You better contact your Embassy about that .

            (3) The 2 thinks are independent , so up to you . By the way , you can also open a small business , or a CV , ...

            (4) A PT or PT PMA company cannot have a Hak Milik (full ownership) title property . You can personally own but only after wealth separation .

            (5) See links below (but not specific to Jawa Tengah or Jogjakarta) .


            http://www.expat.or.id/info/buyingproperty.html (About buying property)

            http://www.livinginindonesiaforum.or...ial-agreements (2016's Constitutional Court decision on post-nuptial)

            http://www.livinginindonesiaforum.or...oreign-Company (opening a PMA)

            http://www.livinginindonesiaforum.or...311#post254311 (Business/PMA : references , agents )

            http://www.hukumonline.com/klinik/de...an-usaha-kecil , Oct 2017 (opening small business , procedures & regulations)

            Comment


            • #7
              Thank you Marcus for all the answers. I think our biggest concern is that our son will inherit the property we may own in Indonesia in the event of my death.  
              According to an Indonesian notaris, for a child to inherit properties from his mix marriage parents, he has to reside in Indonesia and hold a KITAS/KITAP. 

              Comment


              • #8
                Originally posted by snowdrop View Post
                ... According to an Indonesian notaris, for a child to inherit properties from his mix marriage parents, he has to reside in Indonesia and hold a KITAS/KITAP.

                I would not rely on what a notaris say . You better read the related Laws yourself (I don't know if there are other Laws/Regulations related to this case) .

                I made a quick check in the Indonesian Islamic Law (Kompilasi Hukum Islam) and didn't see any mention of WNA or KITAS/KITAP . The Indonesian Land Law (UU No. 5 Tahun 1960) also does not mention that .

                But even if what this notary said is correct , it is very easy for your son to get an e-ITAS/KITAS as an ex-Indonesian . Getting the residency permit (e-ITAS/KITAS) does not mean he must stay in Indonesia during the validity of the e-ITAS/KITAS (he can come to Indonesia with a ex-Indonesian Visa , get the ex-Indonesian KITAS , stay untill selliing the properties , then return to his country) .

                Note : I did not copy here the related part of the Islamic Law because it is too long .


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


                UU No. 5 Tahun 1960
                Article 21
                ...
                (3) Foreigners who after the enactment of this Law do obtain property by inheritance without a will ..., as well as Indonesian citizens who have property and after the enactment of this Law loses their citizenship , must relinquish it within one year since obtaining such rights or loss of citizenship . If after that time period past the property was not released, then that right is lost because the the land is transferred to the state, provided that the rights of other parties which encumber still ongoing.

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

                (3) Orang asing yang sesudah berlakunya Undang-undang ini memperoleh hak milik karena pewarisan tanpa wasiat atau percampuran harta karena perkawinan, demikian pula warga-negara Indonesia yang mempunyai hak milik dan setelah berlakunya Undang-undang ini kehilangan kewarga-negaraannya wajib melepaskan hak itu didala jangka waktu satu tahun sejak diperolehnya hak tersebut atau hilangnya kewarga-negaraan itu. Jika sesudah jangka waktu tersebut lampau hak milik itu dilepaskan, maka hak tersebut hapus karena hukum dan tanahnya jatuh pada Negara, dengan ketentuan bahwa hak-hak pihak lain yang membebaninya tetap berlangsung.


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


                https://www.hukumonline.com/klinik/d...berstatus-wna/ (Hak Waris Anak yang Berstatus WNA)

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                • #9
                  Thanks again. I feel like it’s not totally a hopeless situation.

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