Leasehold.
1.Hak Sewa "leasehold".
2.Unconditional right of ownership - Hak Milik "freehold"
1.Long-term lease - Hak Sewa "leasehold" confirmed with a notary. It is used when purchasing ready-made real estate.
A regular leasing contract is concluded between the owner and the investor.
It can be notarized, but is not registered with the relevant authorities, which differs from Hak pakai.
Lessee.
A natural or legal person.
Term of possession.
The term of Hak Sewa is not regulated by law, accordingly, no one prevents the parties to conclude it for 100 years prescribing the procedure for the transfer of rights and obligations by inheritance.
Right of Possession.
In this case, a regular leasing contract is concluded between the landlord and the investor.
It can be notarized but is not registered with the relevant authorities, which is different from a Hak pakai.
The lease does not need to be notarized - it is sufficient to be signed by two witnesses and stamped.
It is important that the lease agreement has, among other conditions, a clause regulating the need for the landlord to independently pay tax on the income received.
Taxes.
With Hak Sewa agreements, income tax liability arises only for the landlord (10%), but real estate taxes, annual land taxes are paid by the tenant.
Recommendation.
Hak Sewa agreement is used when acquiring a plot of land with a constructed property. After obtaining a plot of land on lease for the construction of a new object - another lease agreement is required - Hak Pakai "right to use" allowing to obtain permission for the construction of a new object.
2.Right to use - Hak Pakai "right to use" with registration at the notary, in the state authorities with the issuance of a certificate. It is used in the construction of new real estate.
Exclusive right for a foreigner to use the land, and this exclusive right is legally secured by issuing a certificate, which must be registered with the state authorities.
Lessee:
A natural or legal person.
Term of possession
Up to 80 years (initial term of 30 years + extension for 20 years + extension for 30 years).
Right of Possession:
When a foreigner acquires a property, he or she is issued a certificate stating his or her name in the "holder of the exclusive right to use" or Hak Pakai column.
In this case, at the time of issuance of such a certificate, the previous owner is completely deprived of the rights to use it and to perform any operations with it, which means that the foreign buyer is fully protected from legal risks.
Purchasing under the contract Hak Pakai requires the existence of a company in Indonesia and holding of KITAS visa, which can be issued for owners or employees of legal companies registered in Indonesia.
Taxes:
For tax residents of Indonesia, Tax on the sale of the property to another person will be 11% of the total value.
Recommendation:
Hak Pakai contract gives the opportunity to obtain a building permit for a new facility, so it is recommended for those who need to build a new facility on their property .
Ownership.
Unconditional right to ownership - Hak Milik "freehold".
Rarely used.
Under Indonesian law, the ownership of land in this country can be held by individuals - citizens of Indonesia or legal entities - companies whose owner can be a citizen of any country.
Owner:
A legal entity.
Term of ownership:
Under this type of contract, the ownership right has no limitation on the term.
Right of ownership:
Under this type of contract, the company and the founder /founders are transferred full ownership of the land and facilities on it.
Taxes:
Taxes on purchase and sale are 11% of the cadastral value each. At the same time, most often, the tax is divided 50/50% between the seller and the buyer.
Recommendation:
This option of land ownership is many times higher than under a long-term lease agreement and is mostly used for construction on plots of land of a hectare or more - hotel complexes or villa complexes. In some cases, this type of land ownership can be with plots of 200 m2 of land, but it is very rare.