If you are an Indonesian citizen married to a foreigner, or the foreign half of that couple, the house hunt has one step most buyers never think about. Before you sign anything with a developer, check whether you have a marriage agreement that separates your property.
The rule sits in Article 70 of Government Regulation (PP) 18/2021. Paragraph 1 says an Indonesian who marries a foreign national may hold the same land rights as any other Indonesian. Paragraph 2 adds the condition: the land must not be joint marital property, and that has to be proven by a property-separation agreement between husband and wife made as a notarial deed.
Why Joint Property Is the Problem
Under Article 35(1) of the Marriage Law (UU 1/1974), property acquired during a marriage becomes joint property. For two Indonesians that's routine. In a mixed marriage it means the foreign spouse legally co-owns the house.
The Basic Agrarian Law (UU 5/1960) doesn't allow that. Article 21(1) says only Indonesian citizens can hold freehold title (hak milik, the SHM certificate). Article 21(3) says a foreigner who acquires hak milik through "mixing of property by marriage" must give it up within one year. If they don't, the right is extinguished by law and the land falls to the state, while rights others hold over it continue. For a mortgage buyer, that means the bank's security right (Hak Tanggungan) stays in place. Article 36(2) applies a similar one-year rule to building rights (SHGB), the other common title on cluster houses.
Couples ran into this for decades. Ike Farida, an Indonesian married to a foreign national, took the Marriage Law and the Agrarian Law to the Constitutional Court after failing to buy property under SHM or SHGB title. In Decision 69/PUU-XIII/2015, read in October 2016, the court changed one thing: a marriage agreement can now be made during the marriage, not only before or at the wedding.
Which Situation Are You In?
| Your situation | Status of a house you buy | What to do |
|---|---|---|
| Prenup separating property, signed before the wedding | Belongs to the Indonesian spouse alone, per Article 70(2) | Bring a copy of the deed to the bank and the PPAT from day one |
| No agreement yet, no house yet | If you buy now, it becomes joint property | Sign a marriage agreement at a notary first, then sign the PPJB (the sale-and-purchase agreement with the developer) |
| Already bought, no agreement | Co-owned with the foreign spouse, which triggers Article 21(3) or 36(2) | See a notary or PPAT (the official land-deed notary) soon; the one-year clock is running |
A Postnup Is Possible Now
As the court reinterpreted it, Article 29 of the Marriage Law now says this. The agreement can be made before, at, or during the marriage, in writing, ratified by a marriage registrar or a notary. It takes effect from the wedding date unless the agreement says otherwise. Both spouses can change or revoke it by mutual consent, and no change may harm third parties.
That last part matters if you already have a mortgage. The bank that lent against a house that was joint property is a third party, so a new agreement must not harm the bank, and banks usually want to approve it first. In practice the notary's deed is then recorded with the office that registered your marriage: the KUA (the religious affairs office, for Muslim marriages) or Disdukcapil (the civil registry). Ask the notary whether the agreement should run back to your wedding date or start from the signing date. For a house you already own, that choice is the whole point.
The one-year period in Article 21(3) runs from the day the right was acquired. If you bought without an agreement, fix it now. Don't wait until you want to sell.
Married Abroad? Register It First
Plenty of mixed couples marry in the foreign spouse's country. Article 56(2) of the Marriage Law requires the marriage certificate to be registered at the marriage registry where you live within one year of returning to Indonesia. Notaries, PPATs and banks check the marital status on the KTP (ID card) and KK (family card) against the marriage certificate. If an overseas marriage was never registered, the civil registry data won't match your papers and the mortgage file stalls at verification.
A House in the Foreign Spouse's Name: Not at Rp700 Million
PP 18/2021 lets foreigners own a landed house, but only under Hak Pakai (right of use), with a valid residence permit, and above a minimum price. Ministerial Decree 1241/SK-HK.02/IX/2022 of the Agrarian Ministry, dated 12 September 2022, sets those floors by province. According to the table quoted by Hukumonline and several news outlets, the floor for a landed house in West Java, where Bekasi sits, is Rp5 billion.
So for a mid-range landed house in Bekasi, there's one realistic route: the house goes in the Indonesian spouse's name, backed by a marriage agreement that separates property. The foreign spouse can still help pay. Only their name can't go on the certificate.
What About the Mortgage?
Every bank sets its own policy, so we can't promise one answer. Banks usually ask mixed-marriage applicants for the marriage agreement deed, a marriage certificate registered in Indonesia, and the foreign spouse's identity documents. Whether the foreign spouse's income can be combined is a question to put to the bank before you work out a budget. If only the Indonesian spouse's income counts, the approved instalment can be very different. The base document list is in our mortgage document checklist.
Checklist Before You Sign the PPJB
- Make sure your marriage is registered in Indonesia. The status on your KTP and KK has to match the marriage certificate.
- Make or find your marriage agreement. It should separate property, including land and buildings. An agreement that only covers debts may not be enough.
- Record the agreement with the KUA or Disdukcapil where your marriage is registered, and keep a copy.
- Ask the bank before applying: which documents it wants and whose income counts.
- Only the Indonesian spouse's name goes on the PPJB and the AJB (the deed of sale). The name on the KTP also has to match what will be printed on the certificate exactly. We cover that in our article on certificate names that don't match the KTP.
One shortcut people get offered is putting the house in a sibling's or parent's name. It's risky: in law, the owner is whoever is named on the certificate. We explain why in our article on buying a house in someone else's name.
For Kingspoint Buyers
The Emerald 70 house on Jl. Raya Perjuangan, North Bekasi, is a two-storey home with 70 m² of floor area, marketed at around Rp700 million with instalments from Rp5 million a month. If you're an Indonesian married to a foreign national, have the marriage agreement ready before the PPJB is signed. The Kingspoint team can walk you through the documents used at each stage and whose name goes on the unit.
Frequently Asked Questions
Can an Indonesian married to a foreigner own an SHM house?
Yes. Article 70 of PP 18/2021 says an Indonesian in a mixed marriage may hold the same land rights as other Indonesians, as long as the land isn't joint property, proven by a property-separation agreement made as a notarial deed.
We married without a prenup. Can we still make one?
Yes. Since Constitutional Court Decision 69/PUU-XIII/2015, a marriage agreement can be made during the marriage and ratified by a notary or marriage registrar. It can't harm third parties, such as a bank that has already given you a mortgage.
What happens if we already bought without an agreement?
The house is joint property, so the foreign spouse co-owns it. Article 21(3) of the Agrarian Law requires hak milik acquired by a foreigner through mixing of marital property to be released within one year; otherwise the right is extinguished and the land falls to the state, though the bank's Hak Tanggungan stays in place. Talk to a notary or PPAT soon.
Married to a foreign national and buying a home?
Ask the Kingspoint team which documents to prepare and whose name goes on the PPJB and AJB.
Ask on WhatsAppReferences: UU 5/1960 (Basic Agrarian Law), Articles 21 and 36; UU 1/1974 (Marriage Law), Articles 29, 35 and 56; Constitutional Court Decision 69/PUU-XIII/2015; PP 18/2021 on Management Rights, Land Rights, Strata Units and Land Registration, Article 70; Decree of the Minister of Agrarian Affairs/Head of BPN 1241/SK-HK.02/IX/2022, price floor as quoted by Hukumonline. This article is general information, not legal advice. For your situation, consult a notary or PPAT.