How to Transfer 'Hak Pakai' Property Title from American to Indonesian Citizen?

[ramsau]

Hello,

My mom used to be an Indonesian citizen but became an American citizen 10 years ago. She bought a home in 2002 and owns it with "hak pakai" (right of use). Now, she wants to transfer the title to my sister, who is an Indonesian citizen. We got two different answers from notaries:

1. Go to Pengadilan Negeri and ATR/BPN Kantor Pertanahan Kota to get a letter (surat penetapan), but we're worried this will revoke her current access and force her to downgrade her rights.
2. Go to the US Embassy in Jakarta (or the Indonesian Embassy in the US) to get a specific letter (the notary will provide the format soon).

My brother also researched and said we could just claim it through inheritance when mom passes away.

Can you help clarify the best option?

Thank you.

 

[jstar]

As far as I know, Hak Pakai for a WNA is only available if the foreigner is domiciled in Indonesia.

Is that the issue (with your mom) you encounter? Because ‘selling or moving’ a HP house to an Indonesian citizen with the reregistration is rather straight forward.

NB: The next step, moving it to Hak Milik -when it’s on your sister’s name- is also possible but there are some constraints.

 

[jstar]

Btw, I think the “let’s wait” approach is rather risky. It all seems very easy and straightforward, as put in the PP 24. And yes, title will be transferred.

But I remember there are different implementations of transfer of the title and taxes depending on the region. So in one city the transfer of land rights due to inheritance can be different from another. That’s another question for the notary what is easier and less costly for you.