The moves follow an even bigger step taken by Indonesia last year: opening up its market to foreign investors for the first time. Under those laws, foreign investors can buy a landed home or apartment under a “right of use” title (Hak Pakai – weaker than the Hak Milik “right of ownership” title), but must have a legal permit to stay in the country to do so.
Indeed, regulations have to comply with the Agrarian Law, which limits the scope of ownership from being improved by a bigger margin. Recently, after the issuance of revised government Regulation number 103/2015, the government (Head of the National Land Agency) introduced the implementation of the regulation No. 13 of 2016 on Procedures for Granting, Relinquishing and Transferring Ownership of Residential Property for Foreign Citizens Domiciled in Indonesia.
This new regulation makes it clearer that foreign citizens are only allowed to own high-end residential properties (either apartment or landed house) with various minimum thresholds based on the property type and location. (Previously, Indonesian authorities announced in 2Q 2015 that foreigners would be allowed to purchase apartments or houses which cost at least IDR10 billion/unit (roughly US$740,000) under a right-to-use title.)
Nonetheless, even with these government efforts to ease regulations on foreign ownership, the main challenge facing apartment sales remains: they have to be built on Right to Use land that is unconventional in the local market. Investors living in Indonesia can purchase “right to use” titles for 30 years, with a possible extension of up to 80 years.