Legal status of pre nuptial for property ownership in Indonesia

Can anyone lead me in the right direction as to whether marriage pre nuptial documents are still required for property ownership in Indonesia. My wife (Indonesian)  and I are looking to purchase an apartment later this year and we are reviewing the laws in relation to ownership and lease arrangements.

For land ownership, absolutely yes.
Apartments can different but I'd go with the pre-nup regardless as that'll cover you for the future.

Yeah, I’m reviewing regulation 29-2016 as described by Baker McKenzie Law on Facebook (laws and regulations in Indonesia). Heavy reading for any expat wanting to own property in his own name. The minimum payment price for an apartment in Surabaya is regulated at 1.5 billion RPH for foreigners. The apartment we’re looking at is for sale at 860 million.  So we’re now considering the property in the wife’s name with an attached pre nup. The law review is giving me a migraine 😬

If u already have a marriage agreement about properties owned, yoir wife doesnt have to pay anything extra then the normal value,that noter paper costs about 8 mil rupiah in Jakarta

Yes they are as at December 2017, we recently married in December and we had read about this so we both went to see a lawyer (Indonesian) in the November, he advised to do this so we did as far as we can both make out it’s not needed for apartments ( I could well be wrong) I’ve seen many new developments starting around Indonesia and advertising foreign ownerships (how legal or illegal this is I can’t say)
I’ve been told you/ your wife would need this for freehold purchase of land rather than lease (again not sure how accurate my comments are)

The law changed in 2016 and you can now get a post nuptial, this is good news for people who got married without a prenuptial without realising you needed one to buy property. The law still says Foreigners cannot own land. Note that we are talking about freehold (Hak Milik) ownership of land. "Buying" apartments is a different matter because if you own an apartment your name is not on a land title. Care is needed because whoever owns the land is in control. you can read more about mixed marriage and land ownership here: … p-211.html

The regulation need 1.5B minimum for apartment in Surabaya, the title cant in your name if only 860M. You may use your wife name to buy it, bcs have prenup. If you seek bank credit, your wife has responsibility. Hope never happen to you, if spouse face divorce, property in the name of wife will be her personal own after divorce. Alternate, you may make agreement with your wife about heritage, etc.

Gheeze...I haven.t heard a post pre-nup is legal.....but any westerner should get a PRE-NUP...SEE,, PRE..not post,,.U GOT THE LAW ARTICLE ON THAT CHANGE...what u own b 4 marriage remains yours,,,but tie it up...cus judges do what they bloody want half the time..cheers//

If u divorce..and have a pre=nup it should be it is law in Indonesia,,,as a westerner u can.t own land property...but the pre-nup takes from the wife and gives u management not ownership...which means your in control.,,go to PARLIMENT house they sell to any1 there.

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