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Free Guide to Hiring a Real Estate Lawyer
Real Estate Contracts and Negotiations law in Jakarta, Indonesia governs the sale and purchase of real estate properties, including negotiations, contractual agreements, and any possible disputes. Non-indigenous foreign individuals and entities may not generally own freehold property titles but can legally own property through several avenues like leasehold and representative offices.
Lawyers play a crucial role in the purchase, sale, and rental of real estate properties. They advise on relevant laws and regulations, ensure accurate documentation, aid in negotiations, resolve disputes, and ensure smooth and legal property transactions. Particularly in situations of complex contracts, properties with liens, disputes over property boundaries, or complicated negotiation processes, a lawyer's involvement can prove extremely valuable.
Jakarta real estate law is primarily based on the Basic Agrarian Law (1960) which recognizes several types of land rights but restricts foreign ownership. Foreign direct investment companies (PT PMA), however, can acquire Hak Guna Bangunan (HGB or Right to Build). Any transaction must be registered with the local Land Deed Official (PPAT) to be acknowledged legally.
Foreigners, either individuals or legal entities, can own Indonesian property through several channels such as leasehold or Hak Pakai (Right to Use), representative offices, and PT PMA that can hold Hak Guna Bangunan (HGB).
A Notary in Jakarta conducts the due diligence process, verifies the legality of documents, and drafts the Sale and Purchase Agreement (AJB) which is then registered at the local Land Office (Kantor Pertanahan).
Hak Guna Bangunan (HGB) is a title that gives the right to build on state-owned or freehold land for a specific period. PT PMA can obtain an HGB for up to 80 years.
If a dispute arises, it should first be solved through negotiations. If that fails, based on the contract aspects, resolutions can be sought through arbitration or through civil court proceedings.
There are sanctions in Indonesia for annual land and building tax (PBB) and a tax for the transfer of property (BPHTB). Consult with a tax consultant or a lawyer to understand comprehensively.
Bodies like the Indonesian Real Estate Association (REI), the Indonesia Investment Coordinating Board (BKPM), and legal service providers can provide assistance and guidance in real estate transactions. Reading and understanding the Basic Agrarian Law and other property-related regulations can also be beneficial.
If you need legal assistance, consider contacting a reputable local lawyer or legal firm experienced in Indonesian real estate law. They can guide in all matters from property searches, due diligence, drafting and reviewing contracts, negotiations, to legal registration of the property.
