Retirement KITAS and property purchase

[globmart]

Greetings to all Forum fellow-members,

I haven't logged in to this Forum since April. I tried to look for previous posts regarding the subject of my post this time. But I couldn't find any. So I need help from you folks if you can reply with links to such posts that I can visit.

I've been living here in Bali since Jan this year. Initially on a SOSBUD visa. Then I applied for a retirement visa which was approved in June. So I have a KITAS "lansia" now valid for 1 year which can be renewed 5 times. I'm thinking of buying a property now. The information I need is can a KITAS holder purchase property using his own name? If not, what's the best way of doing it that's not violating Indonesia's property law?

As I said above, this topic may well have been discussed in this Forum before. Can anyone please send me links to previous posts on this subject? Thank you very much in advance.

globmart

 

[Markit]

A foreigner, unless he is an Indonesian citizen through naturalization, can not own land freehold with legal title here in Indonesia.

You can have a lease hold title on the land of varying lengths - that is a matter of discussion.

There are ways to secure land for your sole use but they are not for the faint-hearted as I'm sure you have already read here.

Welcome to the forum and I hope you achieve what you want for yourself here in Bali, it's a wonderful place but takes some getting used to.

Cheers Markit

 

[lumumba]

You can have a house in your name if you have a Kitas but if you leave Indonesia for good you have to sale the house within 1 or 2?? years or the government will became the owner of it. So what Markit said it is true you will not be able to own the land............

 

[no.idea]

Markit is 100% correct. You can not own the land without a complicated process. You can however lease land in your own name.

 

[Markit]

Markit is 100% correct.

If I frame this will you sign it Ron?

 

[globmart]

Thank you very much for your prompt reply, Markit. Can you please recommend a good lawyer who can advise me on buying property using the leasehold title method?

 

[globmart]

Thank you very much lumumba. Can you recommend a property lawyer I can talk to to get an elaboration of what you told me?

 

[globmart]

Thanks a lot for your additional input. Can you recommend a lawyer that I can talk to to get an elaboration of what you told me?

 

[moondogy]

Buying in Bali with KITAS

We are on Retirement Visas and have KITAS. We purchased land and house in 2011 and did all the transactions via Eddy Winarta, Notaris, on the Bypass just opposite Bali Galeria, near Simpang Suir. Phone..0361 759776. He was fantastic and advised us to buy "Hak Pakai" .....without getting too involved we have a 25 year RIGHT TO USE, and then 2 extensions of about 25 years each...which gives us a total of about 75 years all up. If we re-sell at any stage to an Indonesian, the land and house go back to free-hold. If we re-sell to an expat, the new owner gets another 25 + 25 + 25 deal. If we die, our children have a period of I think 12 months to sort something out....either sell it or transfer it to themselves depending on their visas and their ages ofcoure. Eddy is very helpful and explained the different ways we could buy, but suggested this was the best for us. Hope this might help. Best of luck!:icon_wink:

 

[moondogy]

Sorry sorry sorry....this should read HAK PAKAI ..... not Milik......need my afternoon nap! Oh I've just gone in to edit my first post.....sorry folks....definitely nap time!

 

[Markit]

One further minor point: you need to arrange a notary (not lawyer) in the regency where you plan to buy/build as they are not allowed to function across borders (regencies) as it were.

So can't recommend notary until you say where you plan to land.

 

[no.idea]

This thread is getting ridiculous. You can not BUY land as a foreigner.
Moondoggy, you did not purchase the land,You LEASED it! If you believe otherwise you have been conned. Your information is incorrect.
As outsiders we can not buy land in Indonesia.
I will now mention that I have 2 hotels in Bali, 9 villas in Bali, a bloody bar and restaurant in Bali, two houses in Sulawesi, a vacant block of land in Sulawesi and just for good measure 40 Are of land in Lovina. None of this is in my own name. I have lived in Indonesia for 25% of my life, I really do know a bit about what happens.
The lease of land, with a 20 year "option" is also absolute rubbish.
The western guys I hang out with here have been in Indonesia for in between 32 and 25 years. If you do not want to believe me, I will introduce them to you. However be prepared for them to laugh at many of the above ridiculous statements of "truth".
Markit answered the question at the start of this thread.
As a foreigner we can not own land in Indonesia.
Bloody hell. Even the Hyatt group leases land in Sanur because they can not buy the land beneath their hotel. If a group that big can not buy the land why would some busted arse Notaris from the back blocks know how a westerner can buy land?

 

[moondogy]

ok...so maybe I shouldnt have said " Purchased " a house and land. Steady on..NOidea....this is meant to be a constructive, helpful Forum I thought......dont need to shoot people down in flames and be objectionable. We bought on a Hak Pakai arrangement.....and I am quite confident that we have the RIGHT TO USE this land for the terms I stated.
Maybe you need to talk to Pak Eddy Winarta!

 

[no.idea]

Moondoggy, I am not arguing with you or flaming you. I am simply stating facts.
Maybe Eddy Winarta should approach the Hyatt group. He could make a lot of money if he knows things that no other lawyer knows.
He may even be able to tell them how to get around the small problem of 40 years of unpaid tax.