Refleksi : Orang asing tidak mempunyai hak memiliki "property", tetapi agaknya 
boleh menginvestasi modal dan mengeruk keuntungan?

http://www.thejakartaglobe.com/business/new-rules-would-not-allow-foreigners-to-own-property/382439

June 24, 2010 
Yessar Rosendar

New Rules Would Not Allow Foreigners To Own Property


After sending mixed messages at times this year, the government said it is 
proceeding with plans to liberalize the domestic real estate market, but 
foreigners will not be allowed to own property outright, though it will be made 
easier for them to secure leaseholds of up to 70 years in duration. 

However, any proposed changes may take a long time to be realized because they 
would require the approval of the House of Representatives. 

Zulfi Syarif Koto, the deputy of formal housing at the Ministry of Public 
Housing, said the ministry was still in the process of working on changing the 
regulations. 

"We are the only ministry responsible for this, so we must be careful that we 
can still protect our national interest," he said. 

Under the proposed regulations, foreigners would still not be able to own 
property outright, Zulfi said. 

"We are still in discussions with various government departments," he said. 

Currently foreigners can have a right to use, or effectively lease, apartments, 
but not land or freestanding houses, for up to 70 years. Under the right to use 
foreigners sign a convertible lease agreement with property management 
companies or use the name of an Indonesian citizen whom they have a separate 
agreement with. Foreigners must also periodically renew their right to use. 
Initially they can hold the property for 25 years after which they need to 
extend for another 25 years and then a final 20-year term. 

In May, the government shelved a plan to extend this to 90 years but said it 
would simplify the extension process. 

This came after Housing Minister Suharso Monoarfa said in January that the law 
would be changed to allow expats to buy houses in special economic zones, such 
as in Batam and Kalimantan, where overseas companies receive incentives to run 
factories, and foreigners living in cities would be limited to owning 
apartments. 

Industry players were disappointed this month after a major conference of real 
estate agents in Bali ended without the expected announcement from the 
government that the sector would be liberalized. Some blamed nationalist 
sentiment for blocking the changes. 

Still, Suharso left many at the conference hopeful that changes would come. 

"Limiting foreign ownership is no longer the right approach," he was quoted as 
saying by the New York Times. 

Now the government is considering giving foreigners to the right to an initial 
lease period of 70 years, rather than go through several extensions. 

Anton Sitorus, the head of research at PT Jones Lang LaSalle Indonesia, said 
that to attract foreigners, the government should announce the revised 
regulation quickly with a clear definition of property ownership. 

"We have tried to monitor this issue. Ownership rights are the most important 
thing for foreigners. The government should sort it out quickly," Anton said. 

However, he said he was not optimistic the regulation would be introduced soon 
because giving foreigners would require amendments to the current law. 

"That means dealing with the House of Representatives, which will take a long 
time," Anton said. 

Gita Wirjawan, chairman of the Investment Coordinating Board (BKPM), said that 
opening up the property sector to foreigners would have a positive impact on 
the property market. Foreigners would inject a large amount of capital into the 
Indonesian market and make the local property market more robust, he said. 

Teguh Satria, chairman of the Indonesian Real Estate Developers Association, 
said in May that there were around 83,000 foreigners living in Indonesia. If 
10,000 of those foreigners bought a $250,000 apartment, for example, it would 
translate into $2.5 billion of foreign investment, Teguh said. 

According to a Jones Lang LaSalle report, demand in Jakarta's luxury 
residential market for both purchases and rentals was "weak" as of the end of 
last year, and expected to remain stagnant, though with mild improvement, this 
year.



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