Foreigner, Marriage & Property in Indonesia

Law 05 / 1960 Art. 21 (1) (3) (4) - Only Indonesian citizen(s)(ship) may have freehold title. - Foreigner (foreign citizen(ship)) who acquired freehold title upon the non-testament-inheritance or joint-property under marriage, as well as Indonesian citizen who acquired freehold title then lost his/her Indonesian citizenship, shall release such title within 1 year after such title acquired or the lost of Indonesian citizenship, otherwise the title shall be null and void and automatically released to the State. - If any Indonesian citizen has other citizenship, then he/she shall not have the right of land under freehold title. Art.30 & 36 The party who may acquire Right to Cultivate (HGU / Hak Guna Usaha) or Right to Build (HGB / Hak Guna Bangunan) is Indonesian citizenship and legal entity established-and-domiciled in Indonesia.

Law 01/1974 Art.35 (1) Property acquired under the marriage shall be joint-property (of the married couple). Art.58 Any who held inter-nationalities marriage may acquire the citizenship of her husband or his wife, and may lose his/her citizenship according the prevailing law.

Law 62/1958 jo Law 03/1976 (revoked) Art. 8 (1) Indonesian woman who marry foreign(er) citizen lose her Indonesian citizenship, if: -       in within 1 year after the marriage, declare of it; except to become un-citizenship. à this provision anticipates the possibility of Indonesian citizen women to become other nationality / citizenship, but not firmly stipulate the matters, then revoked by Law 12 / 2006 (below).

Law 12 / 2006 Art. 26 (1) Indonesian woman who marries foreign man will lose her Indonesian citizenship (to become foreigners) IF under the husband’s (foreign) law, the wife (Indonesian woman) must follow husband’s nationality upon marriage. àso that the right of freehold property (including HGU & HGB, above) of the Indonesian women is subject to the husband’s (foreign nationality) law, because there are many possibilities, i.e.: -       whether she must follow the husband nationality à then she will lose such rights; or -       she becomes dual citizenship à same, then she will lose such rights; or -       she becomes un-citizenship à same, then she will lose such rights; or -       the wife/woman still as Indonesian citizenship, but conflicted with the provision of “joint-property under marriage” à so, she will lose such rights, because Art.21, 30, 36 Law 05/1960 (only Indonesian citizenship may have such titles, etc.) except in this point, the Indonesian wife prior to the inter-nationalities marriage held the marriage agreement (separation of property, the then firmly regulated in Art.3 PP 103/2015) to the extent the wife still remains as Indonesian citizenship.