balivillacareHak pakai and your stay permit: what happens when the KITAS ends
Key takeaways
- The regulation most guides cite for a forced sale, PP 103/2015, was repealed by PP 18/2021 (Pasal 103 huruf b).
- The current rule asks for an immigration document: visa, passport or stay permit — the ministry's requirements list all three.
- A holder that no longer qualifies has one year to transfer, or it lapses (PP 18/2021, Pasal 50).
- The 1960 Agrarian Law still describes eligible foreigners as domiciled in Indonesia. How land offices read that alongside the 2021 rules was not checked.
- A KITAS lapsing is a question to put to a notary before assuming either a forced sale or safety.
Bali property guides commonly say that a foreigner's hak pakai depends on a valid KITAS or KITAP, and that letting it lapse starts a forced sale. They cite PP 103/2015. That regulation stopped being law in February 2021. What replaced it is worded differently.
Seven words in the rule
The terms of the regulations, old and new.
| Term | What it is | What it means for an owner |
|---|---|---|
| Hak pakai | Right of use. | The title under a foreigner's house. |
| KITAS / KITAP | Limited or permanent stay permit. | One kind of immigration document, not the only one. |
| Dokumen keimigrasian | Immigration document. | What PP 18/2021 requires of a foreign owner. |
| Berkedudukan di Indonesia | Domiciled in Indonesia. | The 1960 Agrarian Law's wording. |
| PP 103/2015 | The old regulation on foreigners' houses. | Repealed in 2021. |
| Tidak lagi memenuhi syarat | No longer qualifies. | Triggers the one-year transfer rule. |
| Hapus karena hukum | Lapses by law. | What happens if the year passes. |
What the law says now
PP 103/2015 is gone
PP 18/2021 took effect on 2 February 2021. Its Pasal 103 revoked PP No. 103 Tahun 2015 on house ownership by foreigners domiciled in Indonesia. A guide that cites PP 103/2015 for the rules on a foreigner's house is citing a repealed regulation.
An immigration document
PP 18/2021 Pasal 69(1): the foreigner who may own a house is one “yang mempunyai dokumen keimigrasian sesuai dengan ketentuan peraturan perundang-undangan” — who has an immigration document under the law. The ministry's implementing rule lists the applicant documents for a foreigner's hak pakai as “dokumen keimigrasian berupa visa, paspor atau izin tinggal” — a visa, a passport or a stay permit (Permen ATR/BPN 18/2021, Pasal 114-115). A KITAS is one of those, not the only one.
The 1960 wording
The Agrarian Law, which ranks above both, still lists among those who may hold hak pakai “orang asing yang berkedudukan di Indonesia” — a foreigner domiciled in Indonesia (UUPA Pasal 42). The 2021 regulations do not repeat that word. How a land office applies the two together is a practice question that the texts read do not answer, and this page does not guess.
Holding a house on hak pakai?
Tell us which part of Bali it is in. Five questions, and your details are the last step.
The one-year rule, and what triggers it
A hak pakai holder that no longer meets the conditions in Pasal 49 must release or transfer the right within one year; otherwise it lapses by law (PP 18/2021, Pasal 50). Pasal 49 lists foreigners among those who may hold hak pakai with a term. So the question for an owner whose KITAS has ended is whether they still count as a foreigner with an immigration document — and a passport is one, on the ministry's list.
| What the old reading said | What the current texts say | |
|---|---|---|
| Source | PP 103/2015 | PP 18/2021; Permen ATR/BPN 18/2021 |
| Who may own | A foreigner domiciled in Indonesia, read as holding a stay permit | A foreigner with an immigration document — visa, passport or stay permit on the application list |
| If no longer eligible | Forced sale | Transfer within one year, or the right lapses (Pasal 50) |
| Status | Repealed 2 February 2021 | In force |
What still limits a foreign-owned house
The limits on price, plot size, number of plots and residential use still apply (Pasal 72), with one plot per person or family and at most 2,000 m² for a landed house (Permen ATR/BPN 18/2021, Pasal 186). A villa let to tourists sits awkwardly with the residential-use limit. The limits in full.
If you do plan to leave
The one-year window applies to transferring to someone who qualifies. The buyer pays BPHTB and the seller the 2.5% final tax, as on any sale. The taxes on a sale. And a stay permit is its own question — which permit an owner can get.
What this page does not cover
- Land-office practice. How offices in Badung, Gianyar or Denpasar apply Pasal 42 was not checked.
- Court decisions. None read.
- Apartments (strata title). A separate regime.
Common questions
What happens to my hak pakai if my KITAS expires?
The regulation many guides cite for a forced sale, PP 103/2015, was repealed by PP 18/2021 (Pasal 103). The current rule requires a foreign owner to have an immigration document, and the ministry's application requirements list a visa, passport or stay permit. A holder who no longer qualifies must transfer within a year (PP 18/2021, Pasal 50). Whether a lapsed KITAS alone means no longer qualifying is not settled by the texts read.
Do I need a KITAS to buy a house on hak pakai?
PP 18/2021 Pasal 69 asks for an immigration document, and the ministry's requirements for a foreigner's hak pakai application list “visa, paspor atau izin tinggal”. The 1960 Agrarian Law still describes eligible foreigners as domiciled in Indonesia (Pasal 42). How a land office reads the two together was not checked.
Is PP 103/2015 still in force?
No. PP 18/2021, in force from 2 February 2021, revoked it (Pasal 103 huruf b). The limits on foreign-owned houses are now in PP 18/2021 Pasal 69-72 and Permen ATR/BPN 18/2021.
What is the one-year rule?
A hak pakai holder that no longer meets the conditions must release or transfer the right within one year; otherwise it lapses by law (PP 18/2021, Pasal 50).
Can my heirs keep the house?
The house can be inherited; a foreign heir must also have an immigration document (Pasal 69(2)-(3)).
Sources cited on this page
- PP No. 18 Tahun 2021 — Pasal 49-52, 69-72, 103
- Permen ATR/BPN No. 18 Tahun 2021 — Pasal 114-115, 185-187
- UU No. 5 Tahun 1960 (UUPA) — Pasal 42
- Permenkumham No. 22 Tahun 2023 — stay permits
Every figure above links to the source it was read from. This page was last changed on 6 October 2026. How we check this.