So how can it be called '100% ownership' if it is still a lease?
And if not registered with the authority, surely its just an agreement beteeen 2 people which in a dispute, would have to argued in court?
What happens if the foreign owner of this agreement dies?
The lease is a legal document signed in the presence of a notary. The document should contain who will inherit the lease at the death of the leasee, usually their next of kin. The word ownership is misleading, the Indonesian citizen can only own. Maybe should use ""100% hold or usage""
I've heard various and differing stories but to my knowledge a lease agreement in Indonesia is void on the death of the leasee (he/she who took the lease) but, as usual, I'm prepared(and happy, in this case) to be wrong.
the 100% ownership, that is the PMA company. a Foreigner can start a business (PMA) in real-estate without needing an Indonesian partner.
"Hak Sewa" means "right to rent".
There are 5 legally recognized Sertifikat in Indonesia :
1; Hak Milik
2; Hak Guna Usaha (HGU), Holder has the right to use the land, for example for farming or raising cows. This is government owned land, the size of this land needs to be at
least 5 hectare but not more then 25 hectare. Period of HGU is max 25 years, within this period however the holder of said sertifikat can change the name on the title (sell).
This Title/Sertifikat can also be used as collateral for a loan at the bank. The government can void an HGU sertifikat (ofcourse they need a good reason to do so).
3; Hak Guna Bangunan (HGB), Right to build and own this building on Land that you don't own. This land can be owned by either the government or an Indonesian.
Period of HGB is max 30 years, is also transferable within this period (namechange on sertifikat). The holder of the HGB can also "give" this right to someone else by means
of an agreement/contract.
4; Hak Pakai, Right to use. This gives the right to make/take profits generated on/from the land that can be owned by government or an Indonesian owns. This is tied/combined
with an agreement/contract to manage the land and NOT tied/combined with a rental/lease agreement.
a Foreigner can have this sertifikat in his/her own name, but any changes to this sertifikat has to be done (signed) by the owner of the land, or authorized government
employee if government owned land.
5; Hak Sewa (bangunan), Right to rent (building).