Can Foreigners Buy Property in Berawa
No, not in the way an Indonesian buyer can. Hak Milik, the freehold certificate, stays reserved for Indonesian citizens under the UUPA. What a foreign buyer actually gets here is a Hak Sewa lease, a Hak Pakai title once they hold a KITAS or KITAP, or land held company-side through a PT PMA's HGB, and every one of those routes sits under Article 26(2) of the same law.
Why Freehold Stays Out of Reach
Indonesia's basic agrarian law, the UUPA, shuts the door at Article 21 and Article 9: Hak Milik cannot be granted to a foreign national or a foreign-invested company, no exceptions. That rule does not bend for a long-term resident, a spouse of an Indonesian citizen, or a company with local staff; the certificate itself is off the table.
Leasehold Is What This Strip Actually Sells
Two to three-bedroom pool villas dominate the ground on and near the beach road, built for the short-stay rental trade, and leasehold is the common tenure behind them, with freehold noted as comparatively rare across current listings, per JamesEdition. If a villa here looks affordable next to a freehold price guide elsewhere, check the tenure before you assume it is the same product.
Hak Pakai Needs a Visa and Price Floor
A foreign individual can hold Hak Pakai once they carry a valid KITAS or KITAP, clearing whatever price floor the regulation currently sets. Permen ATR/BPN 18/2021 puts that floor at Rp 2,000,000,000 on an apartment unit, rising to Rp 5,000,000,000 once the property is a landed house, across Bali Province, per Kompas Properti's 2023 reporting. Hak Pakai on Hak Milik-derived land runs up to 30 years, renewable once for another 30, a 60-year ceiling in total.
A PT PMA Can Hold the Building Company-Side
A PT PMA, a foreign-invested limited company, is its own Indonesian legal entity and can hold HGB or Hak Pakai once the seller's Hak Milik converts into one of those rights at settlement. It is the standard structure behind a villa-rental business here, and it never gives the company Hak Milik itself; only the underlying right changes hands.
Why the Nominee Shortcut Still Fails
A nominee setup still gets pitched by some sellers: put Hak Milik on paper in an Indonesian citizen's name while the foreign money behind the purchase quietly runs the asset. Courts have declared this arrangement null and void under UUPA Article 26(2), and the 2020 Supreme Court circular SEMA 10 directs judges to treat it as unlawful for failing the Civil Code's basic requirement for a valid agreement.
Bali's own Perda 4/2026 goes further, explicitly banning nominee land transfers province-wide, with land-conversion violations carrying criminal exposure alongside fines and forced demolition. No structure marketed to you as a nominee workaround is a safe one.
General information, current September 2026. Not legal, tax or investment advice.
Regulations, tax treatment and capital requirements have changed repeatedly through 2025 and 2026. Take advice from a qualified Indonesian notary, an independent lawyer and your own tax adviser before committing funds.
Frequently Asked Questions About Ownership
Can a Foreigner Hold a Land Certificate in Berawa?
No individual foreigner can hold Hak Milik, the certificate reserved for Indonesian citizens under the UUPA. A foreigner can instead hold Hak Pakai personally, lease under Hak Sewa, or route ownership through a PT PMA company on HGB.
What Is the Real Difference Between Hak Sewa and Hak Pakai?
Hak Sewa is a contract-based lease that never touches a land certificate, open to any foreigner. Hak Pakai instead registers as a right of use, gated behind a valid KITAS or KITAP and a regulation-set price floor on the property.
Is Nearly Every Villa on This Strip Leasehold?
Freehold shows up as comparatively rare in listings for the two to three-bedroom pool villas that dominate this strip, per JamesEdition, with leasehold as the common tenure buyers actually sign for.
What Is the Minimum Price for Hak Pakai in Bali?
Permen ATR/BPN 18/2021 sets two separate floors for Bali Province, per Kompas Properti's June 2023 reporting: an apartment unit needs a value of at least Rp 2,000,000,000, while a landed house needs at least Rp 5,000,000,000.
Can a PT PMA Buy Freehold Land Directly?
No. A PT PMA is a distinct Indonesian legal entity that can hold HGB or Hak Pakai once a seller's Hak Milik converts at settlement, but the company itself never holds Hak Milik.
Will a Nominee Arrangement Protect a Foreign Buyer Here?
No. Courts treat nominee deals as null and void under UUPA Article 26(2) and the 2020 Supreme Court circular SEMA 10, and Bali's 2026 provincial law now bans the practice outright.
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