A foreign buyer may be shown an apartment in Jakarta or Bali and hear a simple explanation: “This one is Hak Pakai, so foreigners can buy it.”
That sentence may be directionally helpful, but it is not enough to make a purchase decision.
Hak Pakai is a recognised Indonesian land right. For an apartment, however, the legal structure can be more specific: the buyer may receive a registered right over the individual unit while the development itself sits on Hak Pakai or Hak Guna Bangunan (HGB) land.
The safer question is not “Is this a Hak Pakai apartment?” It is: “What exactly will be registered in my name, what land right sits beneath the building, and does this transaction meet the current foreign-buyer rules?”
Quick answer
Under the current framework, an eligible foreign individual with the required immigration documents may own a qualifying commercial apartment unit in Indonesia, subject to the property, location, minimum price and other regulatory conditions.
Do not rely on the label “Hak Pakai apartment” alone. Ask to see the unit certificate, the underlying land certificate and the legal basis for registering the unit to the proposed foreign buyer.
Important legal note
This article is general information, not legal, tax or investment advice. Indonesian property ownership depends on the buyer, property, title, location and current regulations.
Before paying a non-refundable deposit, appoint qualified Indonesian legal counsel and the appropriate PPAT/notary to review the original certificates, transaction documents and buyer eligibility.
Why “Hak Pakai Apartment” Can Be a Misleading Label
Under Government Regulation No. 18 of 2021, foreign residential ownership can include commercial apartment units built on qualifying Hak Pakai or HGB land structures.
The implementing rule, Ministerial Regulation ATR/BPN No. 18 of 2021, states that an apartment unit owned by a foreigner and built on Hak Pakai or HGB land is given Hak Milik atas Satuan Rumah Susun (HMSRS), the apartment-unit ownership right.
That is why the words used in a sales conversation are not enough. The certificate package needs to show what the unit right is, what the underlying land right is and how the foreign buyer’s shared rights are treated.
What Does Hak Pakai Mean?
Hak Pakai, or Right to Use, is one of Indonesia’s recognised land rights. It can be available to qualifying foreigners, but it is not the same as Hak Milik or freehold.
The legal basis begins with Indonesia’s Basic Agrarian Law, Law No. 5 of 1960, which recognises Hak Pakai and limits Hak Milik to parties allowed by law.
For a landed foreign-buyer residence, Hak Pakai may be the central title. For an apartment purchase, it may instead be the underlying land right or one part of a wider strata-title structure.
That distinction matters because the buyer’s practical rights, remaining term, shared-property position and future transfer will depend on the actual documents.
How Foreign Apartment Ownership Is Structured
An apartment is not only the private space behind the front door. The legal package also connects the unit to common parts, common facilities and the development’s land structure.
The Apartment Law, Law No. 20 of 2011 sets out the wider apartment framework, while PP 18/2021 and Permen ATR/BPN 18/2021 address current foreign ownership conditions.
For a foreign buyer, ask the lawyer and PPAT/notary to identify:
- The exact certificate for the individual unit
- Whether the unit will be registered as HMSRS or under another permitted structure
- The underlying land right beneath the development
- Who holds the underlying land right
- The remaining term and any extension or renewal process
- How the foreign buyer’s proportional rights to common parts and common property are recorded
- Whether the development and unit meet the current rules for foreign ownership
One important detail under the current ministerial rule is that where a foreign-owned apartment sits on HGB land, the foreigner’s proportional shared right covers the common parts and common property but does not include the shared land itself. The owner’s obligations relating to the development still remain. This point should be explained using the actual certificate and project documents, not a generic brochure.
Who Can Buy?
The current regulation does not reduce buyer eligibility to one visa label. It refers to a foreigner who has immigration documents issued by the competent authority.
In practice, the buyer’s immigration position and the documents accepted for the transaction should be checked before signing or paying a deposit.
Do not assume:
- A passport by itself always completes the eligibility requirement
- Every visa or stay status is treated the same
- A unit marketed to expatriates is automatically eligible for foreign ownership
- The title can be fixed after the transaction if the original structure is unsuitable
The property review and the buyer-status review should happen together.
Minimum Purchase Prices Still Matter
Foreign-buyer apartment purchases are subject to minimum prices that vary by province. The amount should be checked again immediately before the transaction.
The current published benchmark comes from Ministerial Decree No. 1241/SK-HK.02/IX/2022. As checked on 28 August 2026, current legal databases still list that decree as in force.
| Location / province | Apartment minimum under the 2022 decree |
| DKI Jakarta | IDR 3 billion |
| Banten | IDR 2 billion |
| West, Central & East Java | IDR 2 billion |
| Bali | IDR 2 billion |
| DI Yogyakarta | IDR 2 billion |
| Other provinces | IDR 1 billion |
Source: Ministerial Decree No. 1241/SK-HK.02/IX/2022 — current legal-database entry. These figures are orientation only. Confirm the applicable province, apartment category, transaction value and any later rule with the appointed professionals before signing.
A minimum price does not make a unit legally eligible by itself. The title, location, intended residential use, immigration documents and other conditions still matter.
What About the Remaining Land Term?
The number that matters is not the longest period the law may allow in theory. It is the remaining period on the actual land right under the building.
Hak Pakai over State Land or Hak Pengelolaan can be granted for a defined period and may be extendable or renewable under the law. HGB is also time-limited.
For an apartment buyer, ask for the exact expiry date on the underlying land certificate, whether any extension has already been used, who controls the application process, and how owners are expected to contribute to the cost.
A sales statement such as “it can run for 80 years” should never replace the date and conditions shown in the actual property documents.
Eight Checks Before Paying a Deposit
The practical goal is to remove the avoidable surprises before money becomes difficult to recover.
1. Confirm the buyer
Identify who will be registered: the foreign individual, an Indonesian spouse, a company or another permitted party. Do not assume the structure can be changed easily later.
2. Ask what will be registered
Request the exact certificate type and the legal basis for registration in the buyer’s name.
3. Check the underlying land
Establish whether the development sits on Hak Pakai, HGB or another permitted structure, and verify the registered holder.
4. Check the remaining term
Read the expiry date on the certificate and understand the extension or renewal process.
5. Review development documents
Have the appointed professionals review the developer or seller’s authority, building approvals, unit legality, management structure and transfer documents.
6. Understand ongoing costs
Confirm service charges, sinking or reserve funds, parking, utilities, management fees, renovation deposits and any expected contribution to future land-right extension.
7. Plan the exit
Ask how the unit can later be sold or inherited, and how a change in immigration status could affect the owner’s position.
8. Confirm financing separately
A unit can be legally purchasable yet still be unacceptable to a particular lender. Bank eligibility, title acceptance, loan terms and collateral requirements need separate confirmation.
Common Misunderstandings
Most confusion comes from using short property labels as if they were complete legal explanations.
“Hak Pakai means I am only renting.”
Not necessarily. Hak Pakai is a registrable land right. Its legal effect depends on the certificate, underlying land, holder, term and conditions.
“Hak Pakai is the same as freehold.”
No. Hak Milik and Hak Pakai are different rights. A foreign individual cannot simply treat Hak Pakai as permanent freehold.
“If the building is on HGB, a foreigner cannot buy a unit.”
That is too broad. Current rules can allow eligible foreign ownership of qualifying apartment units in developments built on HGB, subject to the applicable conditions and the unit/land structure.
“The extension is guaranteed.”
No. The law may provide extension or renewal routes, but the outcome depends on the title, compliance, documents and process at that time.
“A nominee agreement gives me the same protection as being the registered owner.”
No. A private arrangement does not put the foreign party in the same position as the registered title holder and can create serious control, inheritance, creditor, divorce, enforcement and tax risks. Obtain independent legal advice before transferring funds.
What Noble Properties Asia Can and Cannot—Do
A property adviser can make the search and decision clearer. Legal title verification still belongs to the qualified professionals handling the transaction.
Noble Properties Asia can help define the buyer brief, compare suitable properties, explain location and building trade-offs, organise viewings, request available property documents from owners or sellers, and coordinate the questions that need to be resolved before a decision.
Noble Properties Asia should not be presented as certifying ownership legality, interpreting the final legal structure, giving tax conclusions or replacing the PPAT, notary, lawyer or tax adviser.
Browse current residential properties, use Find My Property Match, or review Noble Asia’s Area Guides before building a foreign-buyer shortlist. Price, availability and legal eligibility still need to be confirmed for every unit.
Do Not Buy the Label. Understand the Right Behind It.
The right apartment is not only the one with the right view, address or price. Its legal structure also needs to fit the buyer’s status and long-term plan.
Before committing, you should be able to answer five questions clearly: What will be registered? What land right sits beneath the building? How much time remains? What conditions apply to the foreign buyer? And who has independently verified the documents?
If any of those answers are still vague, the next step is not a deposit. It is better due diligence.
Discuss a Foreign-Buyer Apartment Search
Noble Asia helps expats verify property legality, review lease agreements, and secure the right home in Jakarta or Bali. Our team provides property advisory services, relocation support, and villa management across Indonesia, giving you confidence at every stage of the rental process.
Contact then discuss with our team today for expert property guidance in Jakarta and Bali.
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Frequently Asked Questions About Hak Pakai Apartments
What is a Hak Pakai apartment in Indonesia?
It is a common shorthand for an apartment that may be accessible to a foreign buyer through a structure involving Hak Pakai or another permitted underlying land right. The exact unit title and land structure must be checked.
Can a foreigner personally own an apartment in Indonesia?
Potentially, yes. Current rules permit eligible foreign individuals to own qualifying commercial apartment units, subject to immigration documents, minimum price, location, residential use and the property’s legal structure.
Does the building have to stand on Hak Pakai land?
Not necessarily. Current rules can also cover qualifying apartment units in developments built on HGB under specified land structures. The unit certificate and underlying land certificate need to be reviewed together.
Is the apartment title the same as Hak Pakai?
Not necessarily. Under the current implementing regulation, a qualifying foreign-owned apartment built on Hak Pakai or HGB land may be registered with Hak Milik atas Satuan Rumah Susun (HMSRS).
What is the minimum price for a foreign-buyer apartment in Jakarta?
The current 2022 ministerial decree sets a DKI Jakarta apartment minimum of IDR 3 billion. Reconfirm the threshold and the transaction-specific conditions immediately before purchase.
Can the apartment be sold or inherited later?
Transfer and inheritance may be possible, but the recipient, property, title and continuing eligibility must meet the rules in force at that time. Plan the exit and succession position with qualified advisers before purchase.
Who should verify the documents?
Use an Indonesian lawyer with relevant land/property experience and the appropriate PPAT/notary for the title and transaction documents. Tax questions should be reviewed by a qualified tax adviser.
Can Noble Properties Asia handle the legal due diligence?
Noble Properties Asia can support the property search, comparison, viewing, negotiation and coordination. Formal title, legal and tax verification should be completed by the appointed qualified professionals.
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