【樂的次元】

Source: http://www.lombok-global.com/property-ownership-in-indonesia.htm

其實這篇跟下ㄧ篇講的差不多，只是這邊有比較清楚的【印尼房地產種類】描述

還蠻值得ㄧ看的～

The straight answer to this question has been in the past a clear NO. Up to now foreigners cannot OWN freehold property in Lombok i.e. having their name on the official land title. These laws are changing, but until now (Year 2004) it has not yet been clearly defined by law WHICH foreigners (permanent residents, temporary residents with working or retirement visa, certain categories of visitors, etc) will qualify.

However, although foreigners probably will not be able to own "freehold" property (Hak Milik), several Government Regulations issued in 1996 allow foreigners to hold a "Hak Pakai" title (Right of Use) valid for 25 years with the possibility of another 25 years extension. The following "Regulations" are the official rules at this time:

Government Regulation No. 41 of 1996 (GR41/96) states that "foreigners resident in Indonesia" can hold a Hak Pakai title. This broad definition was clearer defined with the issue of "Regulations of the Minister for Agraria" No. 7 of 1996 (RMA 7/96): Article 1(1) states that "a foreigner whose presence in Indonesia gives opportunities for national development" may own a property under Hak Pakai, and Article 1(2) says such a foreigner is one who "has and maintains an economic interest in Indonesia by implementing an investment in the ownership of" that property. In a letter accompanying RMA 7/96 the Minister stated specifically that, according to this new concept, a foreigner will qualify for Hak Pakai even if he is in Indonesia only "from time to time".

In other words, the Minister says any foreigner who invests in and maintains a property in Indonesia is contributing to national development and therefore entitled to hold a Hak Pakai title – even if he is only an occasional visitor to Indonesia.

However, as the validity of a Hak Pakai title is limited to a certain period and it is not possible to mortgage a "Hak Pakai", this is not comparable to "freehold" or ownership in perpetuity. Holding a Hak Pakai offers the foreign investor protection for a certain period, but this title seems not well suited for long-term investment purposes.

How Do Most Foreign Investors Solve this Problem ?

In most cases an Indonesian citizen will hold the interest in the property as the nominee and on behalf of a foreigner, and the land title will be issued in the Indonesian's name. Whilst such arrangements are not strictly against the law, it is understood they are contrary to current government policy and the spirit of the law.

Using an Indonesian Nominee

If an Indonesian acts as nominee for a foreign investor there are a number of contracts and other documents which must be prepared by and signed in front of a qualified notary. These include the Purchase or Rental Contract for the property transferring the rights from the previous owner to the nominee; a Loan Agreement for the purchase/rental price between the investor and the nominee; and an irrevocable and transferable Power of Attorney to sell, transfer or otherwise dispose of the property and to represent the nominee in any dispute regarding the property, given from the nominee to the investor. The nominee will also be asked to hand over all original land titles to the foreign investor.

Using a PMA Company

Although most foreigners have found the above arrangement to work satisfactory without any problems (as long as all agreements have been properly executed in front of a qualified notary), some buyers prefer to have their property owned by a PMA (Penanaman Modal Asing = Foreign Investment) Company directly controlled by the foreign investor.

Since the investment deregulation package issued on May 19th, 1994 (Government Regulation No. PP-20/1994), a PMA Company can be 100% foreign owned. The foreign investment may comprise both debt and equity, but the BKPM (Badan Koordinasi Penanaman Modal under the Ministry of Investment in Jakarta) has a rule of thumb that the ratio of debt to equity should be no more than 3:1.

Before the establishment of a PMA Company an application has to be made to the Investment Coordination Board for approval of the company and its investment project. This approval is usually received after two or three months in the form of a 'Capital Investment Approval Letter', or 'Surat Pemberitahuan Pesetujuan Presiden' (SPPP).

Major disadvantages of using a PMA Company are that the property must be directly used for the approved project, and that a PMA Company - like any other corporate entity (Indonesian or foreign) - cannot hold a freehold title (Hak Milik). Whenever freehold land is transferred to a corporate entity the title is changed to 'HGB' which has to be renewed after 20 or 30 years (see "Property Law" for details as the bellow).

PROPERTY LAW IN INDONESIA

Land matters except for mining and forestry are under the jurisdiction of the National Land Agency (Badan Pertanahan Nasional) formed to administer all matters relating to the Basic Agrarian Law of 1960 such as the registration of land rights and the granting of rights and various permits to use the land. There are currently only two categories of land rights:

a) Adat land (customary land) where the land is not registered with the relevant land office. There are 2 individual rights and 6 community rights in this category. All rights held under this category will eventually be converted to certified titles.

b) Certified land, the title to which is governed by the Basic Agrarian Law of 1960 and is registered at the local land office. There are five principle types of land rights held under the Agrarian Law. These are:

【印尼房地產種類】
Right of Ownership (Hak Milik)
This refers to absolute ownership of land and corresponds to a fee simple or freehold title in common law jurisdictions. This right can only be held by an Indonesian citizen, not a corporate entity whether local or foreign. Certain legal entities designated by the government, such as State Banks, agricultural cooperatives, religious bodies, and social foundations may hold this right subject to certain restrictions. This right of ownership is held in perpetuity. It can be sold, transferred, bequeathed, and hypothecated (mortgaged).

Right to Build (Hak Guna Bangunan - HGB)
This is the right to construct a building on land for a period of 20 or 30 years (renewable for another term of 20 years). This right can be sold, exchanged, transferred, and mortgaged, and can be held directly by any corporate entity whether it is a local company or a government approved PMA company.

Right to Rent (Hak Sewa Bangunan)
This is the right to use land owned by another private party (the lessor) for building purposes. The right cannot be registered at the land office and therefore does not exist in certificate form. The law does not stipulate a period for such lease agreements and whether this can be transferred or not depends on the original agreement between the parties.
This right may be held by a foreigner permanently domiciled in Indonesia or a foreign legal entity having a representative office in Indonesia. It cannot be mortgaged.

Right of Use (Hak Pakai)
This is the right to use State-owned or other land by public or private persons or entities for a definite period or occasionally for an indefinite period. This land right cannot be sold, exchanged or transferred unless explicitly provided in its grant or agreement.
This right may be held by an Indonesian individual or entity, certain foreign individuals or a foreign legal entity with a representative office in Indonesia.

Right of Exploitation (Hak Guna Usaha)
This is the right to exploit State-owned land for agriculture, fishery or husbandry purposes for a period of up to 35 years with a possible 25 years extension.
This right can be held by Indonesian individuals/entities as well as government approved PMA companies. The certificate can be mortgaged.

RENEWAL OF RIGHTS
Renewal or extension of rights on expiry of the initial term is via an application to the National Land Agency and is subject to payment of a fee. An application must be submitted one year before expiry of the term. Although the law is silent in regard to the period after the expiry of the extended term/s, the consensus is that a land right can be extended if there has been no infringement of the conditions attached to its usage.

Procedures for Property Acquisition
All transactions of land rights must be via deeds executed before a land deed official at the local office of the Pejabat Pembuat Akta Tanah (PPAT) where the land is located and must be registered in the regional office of the National Land Agency. The PPATs are privately managed offices (usually run by a notary) authorized by the National Land Agency to handle land acquisition matters.

Although there is no regulation that contracts have to be in Indonesian language, we recommend having contracts and agreements always drawn up and executed in Bahasa Indonesia to prevent later arguments that the local partner did not fully understand the content.

SIMPLE WAY foreigners own property in Indonesia

A. TITLE
There are a number of different types of title in Indonesia:
1. Hak Milik (Freehold) is the type of title that can only be held by an Indonesian citizen.
2. Hak Pakai (essentially leasehold title) and other forms of title can be held by a P.T. or PMA Company (Foreign Investment Company).

A non-Indonesian citizen cannot own land in Indonesia. However a foreigner can acquire a leasehold title to a building - almost the same as a strata title except that the title lasts only for 25 years with an extension of 30 years for a maximum of 55 years and then reverts to the
original owner (lessor).

B. SOLUTION
There are 2 ways for foreigner to own the land in Indonesia:

1. Using the Nominee

The Nominee will sign four documents with the foreigner as follow:

1. A Loan agreement: acknowledges that the foreigner has lent to the Nominee the purchase price of the land.
2. A Right of Use agreement: allows the foreigner to use the land.
3. A Statement Letter: where the Nominee acknowledges the foreigners loan and intention to own the land.
4. Power of Attorney: Nominee sign an irrevocable Power of Attorney giving the foreigner the complete authority sell, mortgage, lease or otherwise deal in the land.

2. Using the PMA

The most significant change in Indonesian investment law came in 1997 when the government introduced the PMA (Penanaman Modal Asing or Foreign Investment Company). This allows foreign investors to set up a company in Indonesia, without having to have Indonesian partners. The PMA can be 100% owned by the foreign investor. PMA companies are allowed to own the title of the property for a period 25 years and have to be renewed by the government.

To set up a PMA, you will be required to:
1. Submit the detailed business plan.
2. Operate in a business environment that adds value to Indonesia in terms of foreign skills, employment and environmental benefit.
3. Make an appropriate cash deposit in an Indonesian based Bank. The amount varies and is calculated from the capital employed in the business.
4. Show the property investment as an asset of the company.

The process takes approximately 3 or 4 months and once its completed; the company can apply for work permits for the foreign directors, 3 permits in the first year of operation. The cost to setting up the PMA is between IDR 30 to 40 Million or equivalent with USD 4,500.

C. FEES

1. Notary: 1% - 1.5% of the value of the transaction.
2. Seller Tax & Buyer Tax: seller and buyer pay 5% each of tax value added.
3. Mortgage Certificate: 2% of value of mortgage.