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PROPERTY REGULATION How foreigners can own property in Indonesia? Like most of South East Asia, foreigners are not permitted to have outright title to property here. There is a chance that this will change in the future. The Indonesian government has taken a more and more flexible point of view on this matter. However, foreign individuals can legally acquire property in Indonesia and enjoy full beneficial rights. Ray White Kuta always recommends to clients that they should secure the best legal advice when securing property in Bali. There are several kinds of land titles in Indonesia:The right of ownership (Hak Milik/Free Hold)The right of built and use of structure (Hak Guna Bangunan)The right of use (Hak Pakai)The right of strata title ownership (Hak Milik atas Satuan Rumah Susun)Leasehold (Hak Sewa)But the major land title needs to be discussed are: Hak Milik (Freehold) is the type of title that can only be held by an Indonesian citizen. Hak Pakai (Right of Use) and Hak Guna Bangunan, other forms of title can be held by a P.T. or PMA Company (Foreign Investment Company). A non-Indonesian citizen cannot own land in Indonesia only Hak Pakai (Right of Use). Hak Pakai is the right to use and or to harvest the land. The duration of this title is twenty-five years and extendable to another twenty-five years. After those all durations have been expired, the owner is entitled to reextend the title, it is like re-register your driving license.Hak Pakai is transferable and inheritable and upon Hak Pakai, the right of encumbrances is also acceptable.The main difference between Hak Milik (Freehold) and Hak Pakai (Right of Use) might be in the duration of the title but extendable, where Hak Milik has no limit in duration.
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