No Johannes, that is not right, but there is a quirk, which Bert alluded to, but did not elaborate.
First off, forget, forget, and forget some more what a bloody notaris tells you, let alone another foreigner (which would include me). Consult an attorney...a lawyer, and as I’ve said a billion times...a lawyer who resides and practices law in the same regency as where the property in question is located! A notaris CANNOT argue a case in a regency court!
Now, to the “quirk” alluded to, but not elaborated on by Bert.
In Bali, each of the regencies has its own “land office” and court system as well. In addition, within each Regency there are multiple Desa, and sub Banjar, each with their own, and sometimes combined adat...where the village rules, both from a religious and civil manner.
Bert mentioned only one hint “ ...in case of trouble.” What could be meant by Bert’s term “trouble?” Well, one example would be if the couple (mixed) within the village failed to participate in fund raising events for the maintenance of the likely many pura (temples) within the village. Another form of trouble could be abuse against staff hired from within the village to work at one’s home. Another form of “very big trouble” could mean drugs or pedophilia, and another big trouble problem could simply be getting the pembantu pregnant...an especially BIG problem if that girl was the daughter of the head of the village!
If you are a foreign male, married to a Balinese lady, (or any other Indonesian) then good luck if your wife dies. Without the respect and appreciation
of the village you live in, not to mention a strong family of in-laws, then indeed, the adat portion of your land situation can, as Bert alluded, go wrong. BUT...I have never heard of this “going wrong” against ANY Balinese woman who held a Hak Milik. This idea of land being taken away from any Balinese, be they man or woman is preposterous, and I challenge ANYONE with a verifiable story of any such incident in Bali to share that story right here, and with details that can be verified.
Executions, as they are called here, are very rare. In nine years, I’ve only witnessed one. That is when a regency court has ruled in favor against the family currently living on that property. At that time, the police come in full force to evict the current residents on the land that has been “executed.” Unless the head of the village banjar, and ruling adat members have agreed with the decision of the regency court, such execution will not take place in normal circumstances. To attempt to do so would only result in a riot.
The bottom line here is that rarely will a regency court (or the Polda, who is meant to enforce the ruling), go directly against village adat. That is a point which is often woefully misunderstood on this forum, and all the other forums I have read.
For almost six years on this forum I have been saying the same thing. If you are here only for your pleasure and enjoyment, then lease. If you are in love with a Balinese, who becomes your spouse, then be ready to commit to a life and a village you embrace with 100% of who you are. If you decide to marry your Princess, she can indeed own land in her own name here in Bali.
