For Indonesian Citizens
As a WNI (Warga Negara Indonesia), you have full property ownership rights. Here’s what you need to know:
Types of Land Titles Available:
- Hak Milik (Freehold) – Full ownership, best and most complete title.
- Hak Guna Bangunan (HGB) – Right to build on land for 30 years, extendable.
- Hak Pakai (Right to Use) – Use land for residential or business purposes; often used by foreigners.
Requirements:
- Valid Indonesian ID (KTP)
- Tax Number (NPWP)
- Sufficient funds or mortgage approval if using financing
- Legal assistance or notary (PPAT) for land certificate check and transaction
Tips:
- Always do a land certificate check (for disputes, zoning, etc.)
- Use a notary (PPAT) to verify the seller is legitimate
- Avoid “overlapping” land plots—double sales happen
- Check IMB (Building Permit) for existing structures
For Foreigners (WNA – Warga Negara Asing)
Foreigners cannot own land under Hak Milik, but there are legal options to acquire property use rights.
Legal Ownership Options:
- Hak Pakai (Right to Use)
- Can be granted to foreigners with KITAS/KITAP
- 30 years + extendable
- Must be on land zoned for residential use
- You must live in or use the property yourself (not just for investment)
- Leasehold (Sewa)
- Lease land from an Indonesian owner (typically 25–30 years, renewable)
- Common and safe if done with a notary and clear contract
- No KITAS required
- PT PMA (Foreign-Owned Company)
- Foreigners can set up a PMA to own Hak Guna Bangunan (HGB)
- Ideal for commercial projects (villa rentals, resorts, etc.)
- Requires legal setup and annual reporting
Documents Needed:
- Passport
- KITAS/KITAP (if using Hak Pakai)
- Business documents (for PMA route)
- Agreement prepared by a trusted notary (PPAT)
Tips:
- NEVER use a nominee (Indonesian name on title) – it’s illegal and risky
- Always do due diligence on land ownership
- Work with a reputable notary/lawyer familiar with foreign property deals
- Avoid “verbal” lease deals—get everything in writing
- Consider using an experienced property agent who works with foreigners
Extra Tips for Both Foreigners & Citizens
- Always check zoning (zoning = “peruntukan tanah”) before buying—some land is not for residential use
- Make sure PBB (property tax) is up to date
- Consider the BPN (National Land Office) registration process for legitimacy
- Include exit clauses in contracts (especially for leasehold)
- For building, ensure you have an IMB or the new PBG (Building Approval)
Tax Considerations
Party | Tax Type | Rate |
Seller | Capital Gains Tax (PPh) | 2.5% of sale price |
Buyer | Acquisition Tax (BPHTB) | 5% of sale price |
Common Mistakes to Avoid
- Buying unregistered land (no certificate)
- Trusting verbal promises or handshake deals
- Skipping legal checks or PPAT
- Buying agricultural land in your name (if foreigner)
- Using a nominee agreement (risky and can be voided)
Conclusion
Buying property in Bali can be a dream come true—but only if done legally and smartly. Whether you’re an Indonesian citizen or a foreigner, the key is proper due diligence, legal guidance, and choosing the right ownership structure for your needs.