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Legal Loopholes & Smart Structures: How Foreigners Really Own Property in Bali

Table of Contents

Owning your dream villa in Bali sounds like a fantasy… until you realize the laws make it confusing for foreigners.
So, how do smart investors actually secure their property—and how can you do it legally and safely?

Whether you’re just starting your Bali property journey or ready to expand, this blog will give you the clarity you need to choose the right ownership model without falling into traps.

1. Leasehold vs. PT PMA: What’s the Real Difference?

🔑 Leasehold (Hak Sewa or Hak Pakai)

  • You lease the land/property from the owner for 25 years, often renewable up to 80 years.
  • Popular for residences and small investments.
  • Simple, lower-cost, and legally safe under Indonesian law.

🏢 PT PMA (Foreign-Owned Company)

  • You set up a company in Indonesia, and that entity holds the property.
  • You receive HGB (Right to Build) on the land for up to 80 years.
  • Ideal for larger projects, rental villas, or long-term investments.
  • Requires setup fees, annual compliance, and reporting—but offers maximum control and scalability.

⚠️ 2. Nominee Agreements: High Risk, Low Reward

Some foreigners try to bypass the rules by using a local “nominee” to buy land in their name. While this gives the illusion of freehold ownership, it’s legally unstable.

Here’s why it’s risky:

  • You don’t legally own anything—the nominee does.
  • Indonesian law doesn’t protect your rights if things go wrong.
  • Disputes are common, especially with divorce, death, or ownership disagreements.

Safer alternative: Use a PT PMA, leasehold, or Hak Pakai with clear legal contracts.


🧠 3. So… What’s Right for You?

Here’s a quick decision guide:

Your GoalBest Option
Short-term stay or holiday rentalLeasehold or Hak Pakai
Long-term investment with controlPT PMA + HGB
Trying to bypass the system❌ Don’t do it. Too risky.

Always consult a qualified legal advisor (and ideally a local property expert) to structure the deal properly.



💬 Final Thoughts

The Bali property market is booming—but the laws are still evolving. Don’t let confusion or bad advice ruin your investment.
At Pellago, we specialize in helping foreign investors set up the right ownership structure for their goals—legally, safely, and profitably.

✨ Want help choosing the right structure for your Bali property purchase?
👉 Book your free strategy session with Pellago

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Vincent

Vincent is an Co-Founder and CEO with a strong passion for creating impactful, search-optimized content that drives organic growth. With experience in keyword research, on-page optimization, and content strategy, Vincent specializes in writing blog articles and website copy that balance creativity with performance. His writing style focuses on clarity, engagement, and delivering measurable results through SEO-driven storytelling.
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