
2026-04-28 · 6 min read
Najat Brahim
Founder, Noha Ventures · 2026-04-28 · 6 min read
Key facts
Foreigners cannot own freehold (Hak Milik / SHM) in Indonesia. Any listing that claims freehold for a foreign buyer is mislabelled or being sold through an unenforceable nominee structure.
HGB (Hak Guna Bangunan) is a state-issued right to use land, held by an Indonesian entity like a PT PMA, with a standard term of 80 years (30 + 20 + 30). It is real, tradeable and registered.
Leasehold is a private contract with the landowner, typically 25 to 30 years. Faster and cheaper to set up but weaker than HGB, since it is not state-issued.
Freehold isn't for foreigners in Indonesia. Under Indonesian law, freehold title (Hak Milik / SHM) is legally reserved for Indonesian citizens. Any brochure or agent promising "freehold" to a foreign buyer is either misusing the term or routing the transaction through a nominee arrangement that isn't legally yours. So the real question isn't freehold vs leasehold, it's what's the strongest, cleanest ownership structure a foreigner can actually hold.
The answer is HGB via PT PMA. The highest form of ownership available to a foreign investor is Hak Guna Bangunan (HGB), the state-issued right to build on and use land, held through a PT PMA, a foreign-owned Indonesian limited company. Together they give you up to 80 years: an initial 30-year term, plus a 20-year extension, plus a 30-year renewal. That's the longest ownership framework Indonesian law makes available to a non-Indonesian, and it's the same structure major international businesses use to operate here.
HGB is not leasehold. A conventional leasehold (Hak Sewa) is a private contract for 25–30 years. When it expires, you're at the mercy of the landowner. HGB is a registered land right issued by the state, in your PT PMA's name, on land the PT PMA has acquired. It doesn't reset on transfer, it appreciates with the underlying land, and it can be sold, mortgaged, or inherited like any other real asset.
What HGB gives you in practice. The land right is registered to your company, your name is on the certificate, and there's no landlord approval to sell, rent, or renovate. You can operate the villa short-term or long-term, sell to any eligible buyer at any point, and capture the capital appreciation of Lombok's coastal market, without a silent countdown eroding value in the background.
Why most developers avoid it. HGB requires the PT PMA to first hold the underlying land properly. That means deeper local relationships, more legal work, and higher upfront cost than slapping a lease on top of someone else's land. Many developers, especially in Bali, take the easy route and pass the risk to the buyer.
Why we do it this way at Noha. Every villa we sell is delivered via PT PMA / HGB, the ceiling of what a foreigner can legally hold, with the company set up for you (a separate €950 one-off fee) and titled to your name. We walk investors through the entire journey: land due diligence, PT PMA registration, HGB issuance, construction, furnishing, and guest operations. For the full breakdown of the structure, the underlying land title, and the numbers, ask us for the investor deck on WhatsApp.
The bottom line. If you're buying in Indonesia as a foreigner, HGB through a PT PMA is the ceiling, anything sold to you as "freehold" is either a misnomer or a nominee structure, and both come with real risk. Noha offers the real thing.

Founder, Noha Ventures
Najat leads Noha Ventures, a boutique villa developer in Kuta, South Lombok. She writes about how foreigners can buy, own and operate property in Indonesia.
Answers to what most readers ask after this article.
No. Freehold (Hak Milik / SHM) is legally reserved for Indonesian citizens under Basic Agrarian Law. Any listing that claims freehold for a foreign buyer is either mislabelled or being sold through a nominee structure, which leaves the foreign buyer with no enforceable title.
HGB (Hak Guna Bangunan) is a state-issued right to build on and use land, held by an Indonesian legal entity. Standard term is 80 years (30 initial + 20 extension + 30 renewal), defined under <a href="https://peraturan.bpk.go.id/Details/161858/pp-no-18-tahun-2021" target="_blank" rel="noopener noreferrer" class="underline underline-offset-2">Government Regulation 18 of 2021</a>. It is the strongest long-term right legally available to a foreign investor via a PT PMA. It is not perpetual, but it is real, tradeable and government-registered.
Leasehold is a private contract between the buyer and the Indonesian landowner, typically 25 to 30 years with an option to extend. It is faster and cheaper to set up than HGB, but the buyer does not hold a state-issued title, only a contractual right against the landowner. Fine for short-horizon lifestyle use, weaker for a long-term investment.
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