The first question is which legal right you or the company would hold. A lease, Hak Pakai, HGB and Hak Milik have different holders, conditions and consequences. The property address or the word “ownership” does not explain that structure.
Understand what is being offered
| Arrangement | Essential distinction | What to review |
|---|---|---|
| Hak Milik | A foreign individual cannot hold this freehold title. | Do not assume a nominee's title gives you ownership. |
| Hak Pakai | A registered right of use; available to eligible holders subject to conditions. | Eligibility, property requirements, underlying land and the terms of the right. |
| HGB | A right to build, available to qualifying Indonesian holders and legal entities. | The company, business activity, land right and intended use. |
| Lease | A contractual arrangement to use the property. | Lessor's authority, term, renewal, transfer, permitted use and termination. |
How will you use the property?
Your home
Review the buyer or tenant, residential eligibility, the legal right and the conditions for occupying the property.
A business premises
Check whether the lease or title, location and approvals support the actual business activity.
A villa for paying guests
Commercial accommodation requires a separate review of property use and business permissions. A home purchase does not settle that question.
A company-held asset
Consider the company's lawful purpose, licenses and obligations. A company should not be treated as a shortcut to personal land ownership.
Check before you commit
- The registered title and the party entitled to sell or lease.
- Existing charges, restrictions, disputes or other interests.
- Physical boundaries, access and the relationship to the documents.
- Spatial planning, permitted use and relevant building approvals.
- Payment stages, conditions, taxes and transaction costs.
- For a lease: renewal, transfer, improvements and termination.
The right professional at the right stage
Land transfers and corporate documents may involve a PPAT or notary. A legal analysis, dispute or complex ownership structure may require a lawyer. Clarify who is appointed, what they will verify and what written advice or documents you will receive.
Perwira Visa can help organize the information and coordinate the relevant professionals within the agreed scope. We do not guarantee title, transaction safety or investment returns.
Start with the property and proposed arrangement
For an initial discussion, tell us:
You do not need to send land certificates or identity documents through the first-contact form. The document review and transfer method can be agreed separately.
- The location and type of property.
- Whether you are buying, leasing or investing through a company.
- Who would hold the right and how the property would be used.
- Whether an agreement or payment deadline already exists.
Questions & answers
Can a foreign individual hold Hak Milik?
A foreign individual cannot hold Hak Milik, Indonesia's freehold land title. Other rights or contractual arrangements may be available subject to eligibility and the property. Before committing, identify the exact right being offered and who would legally hold it.
What is Hak Pakai?
Hak Pakai is a registered right to use land, subject to the terms of the grant and applicable rules. Eligible foreigners may use this framework for certain residential property. It is different from Hak Milik and from a lease; the property, holder, term and conditions need to be checked.
Can a PT PMA hold HGB?
An Indonesian legal entity may hold HGB, the right to build, where the applicable conditions are met. A PT PMA is an Indonesian company, but its activities, licensing and the intended property use must still be appropriate. Holding shares in a company is not the same as personally owning its land right.
What should I check in a long-term lease?
Check the lessor's authority, underlying title, permitted use, access, lease term, payment schedule and termination conditions. Renewal, transfer and improvements should be addressed clearly in the agreement. Paying for a long term does not by itself turn a lease into a registered land title.
Should I put the property in an Indonesian nominee's name?
Do not treat another person's name on a title as proof that you own the property. A nominee arrangement can create significant legal and enforcement risks. Ask an appropriately qualified property professional to assess lawful structures before you sign or pay.
Can I rent my villa to paying guests?
Permission to occupy a property and permission to operate accommodation are different matters. Check the land right or lease, zoning, building approvals and the relevant business licenses before advertising paid stays. A residential purchase or lease should not be assumed to authorize commercial use.
Official references
- Government Regulation 18/2021: land rights and registration
- Government Regulation 28/2025: business licensing
Source links checked 24 September 2026. Confirm the current requirements for an individual application or transaction.
General information, not a decision on individual eligibility or a substitute for appropriate professional advice.