Considering getting a place in Lombok

[manish]

I am on a KITAP (Spouse sponsored) But i haven't made any nuptial agreement yet. Can I still buy a land in my Indonesian wife's name?

You’ll need to create a Perjanjian Kawin (prenuptial agreement); otherwise, you won’t be able to buy the land — that’s what we were told back in 2023 when we bought our first house in Lombok. Even though the EMI payments come from my wife’s salary, it still didn’t change the requirement.

 

[Mambojambo]

I am on a KITAP (Spouse sponsored) But i haven't made any nuptial agreement yet. Can I still buy a land in my Indonesian wife's name?

Note: I will become an Indonesian citizen next year. In this case, is it okay if my wife buys the land first (now), and then, when I become an Indonesian citizen, we'll both have the land?

A quick update regarding my question above, I asked the same question to AI, and below is the answer I received.

Alright, you’re in an interesting situation, and I’ll break it down for you clearly: Please do correct if there's anything that is not correct here below.

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Buying Land in Indonesia (Spouse KITAP, No Prenup Yet)​

Short Answer:​

Yes, your Indonesian wife can buy land now in her own name (Hak Milik). You can’t own it jointly on paper right now because:

• You are still considered a foreigner under Indonesian law.
• Without a prenuptial (or postnuptial) agreement, Indonesian law assumes joint marital property.
• Foreigners are not allowed to own Hak Milik land, so if it's seen as "joint marital property," it becomes a problem (potentially even illegal).

Solution (Temporary):​

• Your wife buys the land under her sole name.
• As long as there is no nuptial agreement yet, legally, it’s grey, but as a foreigner, you won’t be listed as the owner anyway.
• Banks or notaries may ask for a prenup/postnup to prove separation of assets, to avoid legal risks in the transaction.

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But You're Becoming an Indonesian Citizen Next Year…​

Good News for You:​

• Once you become an Indonesian citizen, you can legally own Hak Milik land.
• At that point, you and your wife can arrange for the land to be considered joint property (harta bersama).

What You Can Do After Citizenship:​

1. Do a Gift or Transfer (Hibah):
   • Your wife can "gift" or legally transfer part of the ownership to you.
   • You'll need a notary (PPAT) to formalize this.
2. Convert it to Joint Ownership (Harta Bersama):
   • After you get your Indonesian citizenship, the land can become part of the joint marital property legally.

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Important Caution (Right Now):​

• Until you are officially Indonesian, do not put your name on anything related to Hak Milik land.
• Even without a prenup, the ownership certificate (sertifikat Hak Milik) will still be under your wife’s name.
• The legal risk is more about future claims or complications, not immediate ownership (since foreigners simply can't own Hak Milik land).

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In Summary:​

Situation	Can You Proceed?	Notes
Wife buys land under her name now		Allowed. Safer with postnup, but doable.
You listed as owner before citizenship		Not allowed as foreigner.
You get Indonesian citizenship		Then you can co-own Hak Milik land.
Transfer/gift after citizenship		Legal & common method via notary.

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Recommendation:​

• Let your wife buy the land in her name.
• Consider making a postnuptial agreement now to protect both sides legally.
• Once you get Indonesian citizenship, update the property ownership.

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[Mambojambo]

You’ll need to create a Perjanjian Kawin (prenuptial agreement); otherwise, you won’t be able to buy the land — that’s what we were told back in 2023 when we bought our first house in Lombok. Even though the EMI payments come from my wife’s salary, it still didn’t change the requirement.

Thank you Manish. But we haven't made a prenuptial. Is it ok if we make a postnuptial? It's too late for a prenuptial as we've already been married for 6 years.

 

[manish]

Thank you Manish. But we haven't made a prenuptial. Is it ok if we make a postnuptial? It's too late for a prenuptial as we've already been married for 4 years.

Yes, in your case it would be a postnuptial agreement. I recommend consulting a notary (notaris) — they’ll be able to guide you through the process, especially since you're also planning to apply for Indonesian citizenship.

 

[marcus]

I am on a KITAP (Spouse sponsored) But i haven't made any nuptial agreement yet. Can I still buy a land in my Indonesian wife's name?

No (assuming 'Hak Milik" land) . You must have a wealth separation agreement first in order to buy in your Indonesian wife's name , as just now anything bought would be jointly owned and by Law foreigners cannot own any percentage of 'Hak Milik' land (except if inherited) .

Note: I will become an Indonesian citizen next year. In this case, is it okay if my wife buys the land first (now), and then, when I become an Indonesian citizen, we'll both have the land?

a) To buy now with wealth separation agreement , it will be 100% owned by your Indonesian wife .

b) After you become Indonesian :
1. without wealth separation , each will own 50% .
2. with wealth separation you can own 100% (if you buy in your name only) .

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If for some reason you must buy now but don't want it to be owned 100% by your wife , I guess (not sure about) you can make a legal document stating you lend the money to your wife , so later when you become Indonesian you can buy the land from her in exchange of her debt (but you two will have to pay land transaction's tax around 3 times more - first time as the buyer , second time as buyer & seller) .

Probably the IA's idea of gift is not relevant as according to https://www.hukumonline.com/klinik/...am-transaksi-jual-beli-tanah-lt4c68025b4b085/, the cost for the land transfer are income tax + BPHTB (Land and Building Acquisition Fee - which is related to transfer of rights due to sale and purchase; exchange; grant; testamentary grant; inheritance,..) + notary's fee . Gift could get income tax exemption only if she gives the property to her relatives in first degree (parent, brother, sister, or child) .

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Omnibus Law (UU no.11 Year 2020) , Article 111 (revision of Income Tax Law) - free translation
Article 4
(2) The following income is subjected to final income tax:
d. income from property transfer transactions of land and/or buildings, construction service businesses, real estate businesses, and land and/or building rentals; and

(3) The following are exempt from income tax :
a.2. gifted property received by blood relatives in a direct line of one degree, religious bodies, educational bodies, social bodies including foundations, cooperatives, or individuals who run micro and small businesses, the provisions of which are regulated by or based on the Regulation of the Minister of Finance, as long as there is no relationship with business, work, ownership or control between the parties concerned;

 

[jstar]

In this case, is it okay if my wife buys the land first (now), and then, when I become an Indonesian citizen, we'll both have the land?

Just like in most other countries, in Indonesia it is possible to appoint several homeowners with different portions of ownership when buying (so in the Akta Jual Beli - AJB). Also, after the purchase, you can have the certificate of ownership (Sertifikat Hak Mklik - SHM) modified. The joint ownership can be defined with percentages. Now of course, if you want to make changes after the purchase, you need a notary who will charge you.

 

[merahputih]

I am on a KITAP (Spouse sponsored) But i haven't made any nuptial agreement yet. Can I still buy a land in my Indonesian wife's name?

Note: I will become an Indonesian citizen next year. In this case, is it okay if my wife buys the land first (now), and then, when I become an Indonesian citizen, we'll both have the land?

If your wife want to buy a land, she will be asked by notary if she is an Indonesian passport holder, and if you have a pre-nup. If you don't, I don't think you can proceed to buy. Without pre-nup you and your wife share ownership of everything you have after your wedding date. This is related with the law that foreigner may not own Surat Hak Milik (ownership proof) of a land.
If somehow she can buy a land this year, legally, she has 1 year to sell it. If you become Indonesian citizen next year, you won't have this hussle anymore.

 

[Shadrach]

If your wife want to buy a land, she will be asked by notary if she is an Indonesian passport holder, and if you have a pre-nup. If you don't, I don't think you can proceed to buy. Without pre-nup you and your wife share ownership of everything you have after your wedding date. This is related with the law that foreigner may not own Surat Hak Milik (ownership proof) of a land.
If somehow she can buy a land this year, legally, she has 1 year to sell it. If you become Indonesian citizen next year, you won't have this hussle anymore.

Do you trust your wife to buy the land in her name, then next year sign half of it over to You? As long as your not a citizen you cannot be on the contract!

 

[marcus]

... If somehow she can buy a land this year, legally,

Just now (married to a foreigner without a wealth separation agreement) she cannot legally buy a 'Hak Milik' land .

she has 1 year to sell it ...

Can you tell us how you came to this conclusion (I guess it is not true) .

 

[pantaiema]

Just now (married to a foreigner without a wealth separation agreement) she cannot legally buy a 'Hak Milik' land .She cannot legally buy a 'Hak Milik' land .

Like mentioned by 'merahputih' with Prenuptial or Postnuptial agreement, she could still proceed with buying 'Hak Milik' for landed Property with her own name. As I understand it the information from 'merahputih' this has also been confirmed by Notary & Land Titles Registrar (PPAT). It makes sense as what happen if the wni wife inherited Landed property from her parents or bought it before she got married. Did she need to sell it ??

But without Prenuptial or Postnuptial agreement she could not own 'Hak Milik' on landed property because it is stated in the law clearly:

Article 35 of the Marriage Law UU_No_1_1974 states that "assets acquired during a marriage become joint property (harta bersama)" So without prenuptial agreement the freehold (of landed property) will be owned by both the wni wife and foreigners, which is not allowed based on the agrarian law, if you are a foreigner (See below)

Article 21 Agrarian Law No_5_1960 para (1) stipulates: "Only Indonesian citizens can have the right of ownership (hak milik)"

Can you tell us how you came to this conclusion (I guess it is not true) .

About if the wife is no longer entitled to 'hak milik', for instance by changing her nationality or buying landed property after marrying a foreigner without pre/post she has one year grace period to sell it. It is stated in Agrarian Law No_5_1960 Article 21 para (3)
"Foreigners who, after the enactment of this Law, acquire the right of ownership through inheritance without a will or due to a mixed marriage, and Indonesian citizens who have the right of ownership and then lose their citizenship are obliged to relinquish this right within one year from the date the right was acquired or the citizenship was lost."

This is not a legal advice. Please consult it with professionals or land Registry before proceeding buying landed property in Indonesia.

 

[make_batik_great_again]

About your plan to apply for the Indonesian citizenship:

Do you already know which requirements there are in your case? I mean you just mentioned in passing although it is a big decission and not so easy to do it.

As far as I know (at least in all cases I heard of), you'll need to give up your current citizenship(s) since double passport is only allowed for children of mixed couple here (and even for them only until they are adults). Also one requirement is that you lived in Indonesia the past 5 years (or 10 in total) and you have to proof that you speak the language properly.

Please correct me if I am wrong but these are the requirements (maybe there are more) that I heard of. If not married to an Indonesian, it is even more difficult. But in your case the mentioned requirements seem to apply.

 

[pantaiema]

About your plan to apply for the Indonesian citizenship:

Do you already know which requirements there are in your case? I mean you just mentioned in passing although it is a big decission and not so easy to do it.

As far as I know (at least in all cases I heard of), you'll need to give up your current citizenship(s) since double passport is only allowed for children of mixed couple here (and even for them only until they are adults). Also one requirement is that you lived in Indonesia the past 5 years (or 10 in total) and you have to proof that you speak the language properly.

Please correct me if I am wrong but these are the requirements (maybe there are more) that I heard of. If not married to an Indonesian, it is even more difficult. But in your case the mentioned requirements seem to apply.

There is a long thread about becoming an Indonesian Citizen, including the requirement to become an Indonesian citizen, where people are sharing their experience.

How to obtain Indonesian Citizenship

I'm seeking some information on how to get indonedian citizenship. To answer some questions one might have.... Why? Because this is home, I don't like having to do business awkwardly due to my citizenship, and...a whole bunch of other headaches would be relieved. If I want to move back to the...

www.expatindo.org

Indonesia does not allow dual nationalities so, those who wants to become and Indonesian citizen will need to give his other nationalities.

 

[merahputih]

Just now (married to a foreigner without a wealth separation agreement) she cannot legally buy a 'Hak Milik' land .

Can you tell us how you came to this conclusion (I guess it is not true) .

Undang-undang Pokok Agraria pasal 21 ayat 3.
Orang asing yang sesudah berlakunya Undang-undang ini memperoleh hak milik karena pewarisan tanpa wasiat atau percampuran harta karena perkawinan, demikian pula warganegara Indonesia yang mempunyai hak milik dan setelah berlakunya undang-undang ini kehilangan kewarganegaraannya wajib melepaskan hak itu di dalam jangka waktu satu tahun sejak diperolehnya hak tersebut atau hilangnya kewarganegaraan itu.
Jika sesudah jangka waktu tersebut lampau hak milik itu tidak dilepaskan, maka hak
tersebut hapus karena hukum dan tanahnya jatuh pada Negara, dengan ketentuan bahwa
hak-hak pihak lain yang membebaninya tetap berlangsung.

 

[jstar]

So the scenario would be: Indonesian spouse buys the house, within one year the hubby becomes WNI. And they’re safe.

Borderline legal it seems. Of course there are some risks involved and you’d need a notary who would agree to this.

 

[marcus]

... If somehow she can buy a land this year, legally, she has 1 year to sell it ... Undang-undang Pokok Agraria pasal 21 ayat 3 ...

So the Article 21 of the Undang Undang (Law no.5 Year 1960) you showed says (free translation) : "Foreigners who after the enactment of this Law obtain ownership rights/Hak Milik due to inheritance without a will or a jointly owned of assets due to marriage, ... are required to relinquish those rights within a period of one year since the acquisition of those rights ..."

In my view (but I am not a lawyer) "Foreigners who ... obtain ownership rights/Hak Milik due to ... a jointly owned of assets due to marriage, ..." is referring to cases where the mixed couples (without a wealth separation agreement) bought the land before this Law , because after this Law , Article 26 of this same Law applies :

Article 26 of Law no.5 Year 1960 (Agrarian Law) - free translation :
(2) Every sale, exchange, gift, gift by will and other acts that are intended to ... transfer ownership rights/Hak Milik to a foreigner, or to a dual citizen ... is void by law and the land falls to the State, with the provision that the rights of other parties remain in force and ...