Propery law for indonesian women married to bule

[Nakal]

Goodday all,

I got a very serious question. Me and my girlfriend are probably getting married later this year for the Dutch law and maybe also for the Indonesian law. This is great ofcourse but we have some questions about what will happen concerning her right to own property in Indonesia/Bali

She has been living in Holland for some years now and also owns some land in Bali at the moment. Somewhere in June we are planning on buying some property together in Bali for later when we want to move to Bali.

I heard via several people that when an Indonesian woman is married to a foreigner she loses her right to own property. What of this is true?

• * What happens if she owns property and gets married for only the Dutch law?
  * What happens if she owns property and gets married for the Dutch and Indonesian law?
  * What happens if she owns property and gets married for Dutch, Indonesian and Balinese local law?

Does anyone know about this or can anyone get me in contact with a government official who could tell me this?
If someone can point me into a direction (email/website) where I can find info I wold be a very happy man.

Thanks a lot.

Regards,

Nakal.

 

[Roy]

I heard via several people that when an Indonesian woman is married to a foreigner she loses her right to own property. What of this is true?

Only if the foreigner is Dutch!

Seriously though, as Bert gets really angry with me "picking" on the Dutch, you ask:

* What happens if she owns property and gets married for only the Dutch law?

Being married to you, a Dutchman, does not mean she abdicates her birth right as an Indonesian. In other words, she can throw you right out of here, and keep the property.

* What happens if she owns property and gets married for the Dutch and Indonesian law?

Nothing at all different than my first response. It doesn't matter how she is married, the fact is, she is Indonesian, and you are not.

* What happens if she owns property and gets married for Dutch, Indonesian and Balinese local law?

She'll likely have to learn how to chant Om...Om Santi, Santi, Santi, Om, make offerings every day, and aside from that, we are still back to answer one.

Bert! Any more comments or questions relating to our previous discussions on this topic?

 

[iainsomers]

I wish I knew about this forum 6 years ago. I had exactly the same question then and it took me alot of work to get the right answer (wich is the answer Roy gave).

Off-topic: were in the netherlands do you live. We live in Houten (near utrecht).

 

[Nakal]

Goodday both,

Thanks for your answers but isn't it so that you have to sign a document that whatever is hers stays hers and whatever is yours stays yours no matter what when you get married? (niet in gemeenschap van goederen)
What if something happens to her... I couldn't inherit her land because I'm a bule.

off-topic: Hillegom bollenstreek

 

[Roy]

Nakal is a funny....meaning, an odd name that you have chosen. Well, we can leave this for another time, and another discussion.

In my own personal opinion, if one’s interests upon engaging in marriage to someone you love are concentrated on “whatever is hers stays hers and whatever is yours stays yours” is doomed to failure before the proclamation of “man and wife” is ever uttered.

In my mind, marriage within, or outside of one’s culture, should be embarked with total trust, love, devotion and a willingness to accept the “slings and arrows” that may, or may not follow.

Marriage is not a business contract...and love is a verb. Surprising it is to me how many folks just don’t understand that.

 

[Nakal]

I agree Roy and if the Indonesian law was different meaning I could own property in Indonesia than ofcourse we would marry "normally"

We are also planning to marry for Dutch law and that's without any contract whatsoever

And my nickname... well, maybe it suits me

 

[Jimbo]

If it helps I will try and summarise it for you. In Indonesia you cannot own land. In certain cases you can own an apartment (say on a high rise) Normally you cannot own property but you can have rights leasing it. Marraige has no bearing on this fact no matter where it takes place.

Dutch laws and Dutch property owning you will understand.

Hope this clarifies things for you and a search in the forum will answer much if not all of your query.

 

[UMISERGE]

To "Meneer Nakal" maybe your wife could joint with all Indonesian women who married with bule here,http://www.dim-c.com it's free we are just comunity women who talking about anything here because we talking in our language and this is not oragnitation at all !

 

[UMISERGE]

I mean ' this is not organitation

 

[iainsomers]

I talked about this subject with some friends from Germany and one of them told me that a new law also makes it impossible for a women married to a non-indonesian to onw land.

Wheter this is land owned pre-marriage or post-marriage I dont know.

I doubt the source also.

 

[Roy]

Sorry to say Iain, but your friends from Germany have absolutely no idea what they are talking about.

 

[Nakal]

Unfortunately that's the information I got as well. It came from a "notaris" in Bali. It was told to my sister (who lives in Bali and is married to an Balinese man).

That's the whole reason this topic was started.

 

[drbruce]

As far as I know, this information is absolutely false. Are there any documented sources other than hearsay?

 

[Roy]

Off the top of my head I can think of at least ten Balinese woman and other Indonesian women who are married to foreigners that have property (including the land certificates) in their name.

This “urban legend” gets brought up from time to time, but it is just that...an urban legend.

 

[iainsomers]

My wife has land in her name. So i know that is for sure. But the not so reliable source told me that the law just changed. But once again, I would put my money 1:100 in favor of Jimbo/Roy in this case (and probably in all cases related to Bali).

 

[Roy]

The most recent law, as it affects Indonesian women married to foreigners, is very positive and proactive. I has to do with the children born of such marriages, specifically, the right to have these children as dual citizens.

NO LAW just changed causing Indonesian women to step back to the middle ages!

Good Grief! Where to you hear such Bull Shit?

 

[iainsomers]

I read about that law fcourse. Lets close the discussion and lets decide that my friend is wrong (as I assumed already).