Thread: Property with mixed marriage

Article 21

(1) Only Indonesian citizens can have a hak milik.
Easy!!!!
(2) The Government is to determine which corporate bodies can have a hak milik and the conditions thereof.

(3) A foreigner who, following the entry into force of this Act, acquires a hak milik by way of inheritance without a will or by way of joint ownership of property resulting from marriage and an Indonesian citizen holding a hak milik who, following the entry into force of this Act, loses Indonesian citizenship is obliged to relinquish that right within one year following the date the hak milik is acquired in the case of the former or following the date upon which Indonesian citizenship is lost in the case of the latter. If following the expiry of the said timr periods, the right is not relinquished, then the siad right is nullified for the sake of law and the land falls to the State with the proviso that the rights of other parties which encumber the lands remain in existence.
Ok if you inherit property you have 1 year to dispose of the property!!!!!
(4) As long as one with Indonesian citizenship concurrently holds foreign citizenship, he/she cannot have land with the status of a hak milik, and to him/her the provision as meant in paragraph 3 of this article shall apply.
When you marry everything is 50/50 therefor one of you has foreign citizenship so go back to (3).
To over come this you can have a simple pre-nup, saying your Indonesia spouse own 100% of !!!!!
The pre-nup is registered by your notary (you just can't back date)
Post nup are not legal
If you buy land & your wife's KTP has married on it, then both husband & wife must sign purchase or sale documents as married means 50/50.
Some people do not register there overseas marriage because there wife's KTP is not changed to married, but this can cause more problems.
As i said in the wedding post the easiest way, is to put the title in the in-law name then do the nominee system & then have it written the if your nominee dies you inherit the property giving 1 year to sort out your next step.
Remember if you can find a good notary/lawyer you could get lucky!! anyone ?????

I hope you can understand this, as I'm a shit writer

Hi everyone out there.
Has anyone heard of this law being enforced, with a mixed married couple with property in the wife's name and no pre-nup ?

Hi fred2, have read the other thread, and I do understand what you're saying and how the 'law' works...
that being said, my wife does have some land in her name...not as an nominee but on the landcertificate, this was processed however before she got a
new kartu keluarga and ktp, wich now says married. The notary who handled it knew she was already married to me..
will go to him to ask if there are any problems that could arise...not so much as when/if the marriage seizes to exist, but rather as if we want to sell it to someone.

now let me pick your brain first or any other member that might know for that matter...
she, my wife can own a company right? so what if I just buy a pma based in Batam ,
with a small office on Bali in her name...possible or no? I mean legally possible? and then have whatever signed over to that company?
Thanks for any insights..

ooowww, and so sorry to averyone that this thread has taken an turn in a different direction...well, somehow it is still connected...anyways, sorryyyy y'all.

We have some properties that were purchased before we were married, the last house was purchase from a developer & as normal everyone leaves it in the developer's name so you don't pay tax. I wanted to put the title from developer to my wife name only, thats were I found out about the property law. So our last property is still in the developers name.
Don't worry if you wife already has the certificate, the only problem is if you piss someone off & they check, if you have a good notary they would sign off on a sale of the land.
I would check on the PMA, I think you can only lease land not buy. (2)
I would stick to a UD or CV company as they are a lot easier & you are not part of them.

Originally Posted by mat

Hi everyone out there.
Has anyone heard of this law being enforced, with a mixed married couple with property in the wife's name and no pre-nup ?

I have never heard of any problems, if you wife owns property before you were married or she dosen't change her KTP I can see no problem,
and no one checks.
The problem with no pre-nup is you can not buy the land, the notary will want to see the pre-nup.

Originally Posted by Fred2

I have never heard of any problems, if you wife owns property before you were married or she dosen't change her KTP I can see no problem,
and no one checks.
The problem with no pre-nup is you can not buy the land, the notary will want to see the pre-nup.

My wife has just bought land, the notary has not asked for a pre-nup. Her name is on the papers. The notary knows she is married to a 'tourist'. Still a little confused....but I do understand the law now. Thanks Fred2.

Originally Posted by mat

My wife has just bought land, the notary has not asked for a pre-nup. Her name is on the papers. The notary knows she is married to a 'tourist'. Still a little confused....but I do understand the law now. Thanks Fred2.

Its good the some notaries are still behind the times, but then it brings up another problem.
In Indonesia when you wifes card say married, you would have to sign on the paper work, as you know everything is 50/50, so go & register the title, need copy of wifes KTP it say married need two signature & a copy of your KTP?. There are many things that could happen & your wife is holding a dodgy title?????
When you use the nominee system Made & his wife have to sign because 50/50 you can not have just one signature.

I understand that a westerner married to a Indonesian person should be able to own land & I hope the law will change.
I mean the idiot's in Jakarta that think that we are going to buy up all the free land
There is already laws that limit the amount of land a private person can own.

Originally Posted by gilbert de jong

thanks alot for the reply buddy....will check into to differentcompany's and if/how they can own land.
I figured a PMA is somewhat the same as in NL is a BV, no personal liability etcetc...
so I figured they (PMA) can hold several assets, assets wich has no direct line with the actual business side of the company..
my BV in holland owns for example a house (oh no, villa cuz it has a pool ) in Spain, but that house has totally nothing to do with the actual business, know what/how I mean?
anyways, will check into that, how that works in Indonesia.

no worries about the notary in case of a problem, since he processed it while he knew she was already married to me maybe...
he said we can just make a akte jual-beli and you/your wife have power of the land using the nominee set-up.

I can not see any reason why you would need a PMA, Too much trouble for someone that is married to a local.
Even the big boys in Indonesia only use a PT, Has anyone see PMA on the front of any large company?????
If your wife opened a PT she could get you a work visa
I would stick with a CV company cheap to set up & allows you to do most business activity here.