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Zantara AI
AI Property Advisor
Bali Zero handles visas, company setup, tax and property compliance in Indonesia. Ask us directly on WhatsApp.
Chat with Bali Zero on WhatsAppIn Indonesia, land rights are not defined by a single "deed" or "title" as in many Western countries. Instead, the system recognizes multiple types of rights over land, each documented by a specific certificate type. Understanding these certificates is fundamental to any property transaction. A mistake here can mean losing your entire investment.
This guide explains every certificate type you will encounter, how to read them, how to verify them at BPN, and how to protect yourself from common fraud patterns.
| Attribute | Details |
|---|---|
| Full name | Sertifikat Hak Milik |
| English equivalent | Freehold title |
| Legal basis | UUPA Art. 20-27 |
| Duration | Perpetual (no expiry) |
| Who can hold | Indonesian citizens only; certain Indonesian legal entities (foundations, religious bodies) |
| Foreigners eligible? | No |
| Transferable | Yes, to other eligible holders |
| Inheritable | Yes |
| Can be mortgaged | Yes (Hak Tanggungan) |
| Strength | Strongest right in Indonesian law |
SHM is the gold standard of Indonesian land rights. It represents complete, perpetual ownership with no time limit. As the strongest right recognized by the UUPA, it can only be downgraded (to HGB or HP), never upgraded from a lesser right unless through specific legal processes.
For foreigners: You cannot hold SHM. If you are buying land that currently has SHM, the certificate must be downgraded to HGB (for your PT PMA) or HP (for personal Hak Pakai) at BPN before the transfer can be registered in your name or your company's name.
| Attribute | Details |
|---|---|
| Full name | Sertifikat Hak Guna Bangunan |
| English equivalent | Building right certificate |
| Legal basis | UUPA Art. 35-40 |
| Duration | 30 years initial, extendable 20 + 30 years |
| Who can hold | Indonesian citizens; Indonesian legal entities including PT PMA |
| Foreigners eligible? | Yes, through PT PMA |
| Transferable | Yes |
| Inheritable | Yes (for individuals) |
| Can be mortgaged | Yes (Hak Tanggungan) |
| Land use | Building structures; commercial and residential |
SHGB is the primary certificate type for PT PMA property holdings. It grants the right to construct and own buildings on land for a specified period. The underlying land remains under state control (for state land) or under the SHM holder's control (for private land granted as HGB).
Critical distinction: HGB can be granted over state land (tanah negara) or over SHM land. HGB over state land is stronger because the right is direct. HGB over SHM land means there is an underlying freehold owner, and the relationship is contractual. For investment properties, HGB over state land is preferred.
| Attribute | Details |
|---|---|
| Full name | Sertifikat Hak Pakai |
| English equivalent | Right to use certificate |
| Legal basis | UUPA Art. 41-43; PP 18/2021 |
| Duration | 30 years initial, extendable 20 + 30 years |
| Who can hold | Indonesian citizens, foreigners with KITAS/KITAP, Indonesian and foreign legal entities, diplomatic missions |
| Foreigners eligible? | Yes, directly in personal name |
| Transferable | Yes, to other eligible holders |
| Inheritable | Yes |
| Can be mortgaged | Yes (since PP 40/1996, though practice varies) |
| Land use | Residential personal use (for individual foreigners) |
SHP is the certificate that allows individual foreigners to hold land rights in their own name, without a corporate structure. However, Hak Pakai for individual foreigners is restricted to one residential property for personal use. Commercial use and rental are not permitted.
Minimum property values for foreign Hak Pakai (per Permen ATR/BPN No 18/2021):
| Location | Minimum Value |
|---|---|
| Jakarta, DKI | IDR 5 billion |
| Bali | IDR 2 billion |
| Other major cities | IDR 1-3 billion |
| Rural areas | IDR 500M-1 billion |
| Attribute | Details |
|---|---|
| Full name | Sertifikat Hak Satuan Rumah Susun |
| English equivalent | Strata title / condominium certificate |
| Legal basis | UU No 20/2011 on Rumah Susun |
| Duration | Follows the underlying land right (SHM = perpetual; HGB = 30+20+30) |
| Who can hold | Depends on underlying land right |
| Foreigners eligible? | Yes, if underlying land is Hak Pakai |
| Transferable | Yes |
| Individual unit ownership | Yes, plus shared ownership of common areas |
| Can be mortgaged | Yes |
SHSRS is the certificate for individual units within a multi-unit building (apartment, condominium, or stacked housing). Each unit gets its own SHSRS, while common areas (lobby, corridors, parking, facilities) are shared proportionally among unit owners.
Critical for foreigners: You can only purchase an apartment unit with SHSRS if the underlying land right of the building is Hak Pakai. Many apartments in Indonesia are built on HGB land, which does not permit direct foreign individual ownership. Always verify the underlying land right of any apartment before purchasing.
| Attribute | Details |
|---|---|
| Full name | Akta Jual Beli |
| English equivalent | Sale and purchase deed |
| Executed by | PPAT (Pejabat Pembuat Akta Tanah / Land Deed Official) |
| Purpose | Records the legal transfer of property rights between seller and buyer |
| Is it a title? | No. It is a transaction document, not proof of ownership |
| Registration | Must be registered at BPN within 7 working days to update the certificate |
AJB is not a certificate of ownership. This is one of the most common misunderstandings among foreigners. An AJB is the sale deed that documents the transaction, executed before a PPAT (a notary with specific land deed authority). After signing the AJB, the buyer must register the transfer at BPN to have the certificate updated.
Danger: If you are offered a property with "only an AJB" and no registered certificate, proceed with extreme caution. This may mean:
Every land certificate issued by BPN contains standard information. Here is how to read it:
| Element | What It Tells You |
|---|---|
| Certificate type header | SHM, SHGB, SHP, or SHSRS |
| Certificate number | Unique identifier (e.g., SHM No. 1234/Desa Kerobokan) |
| Province, Kabupaten/Kota, Kecamatan, Desa/Kelurahan | Geographic jurisdiction |
| Surat Ukur number and date | Reference to the measurement/survey letter |
| Land area (luas) | In square meters |
| Name of right holder | Current owner |
| Transfer history | Previous owners and transfer dates |
| Expiry date | For SHGB and SHP only (not applicable for SHM) |
The back page records encumbrances, mortgages (Hak Tanggungan), and any annotations. Check this carefully for:
Never trust a certificate at face value. Always verify at BPN. The verification process produces an SKPT (Surat Keterangan Pendaftaran Tanah), which is the authoritative confirmation of a certificate's status.
| Check | What It Detects |
|---|---|
| Certificate authenticity | Fake or forged certificates |
| Current registered owner | Whether the seller is actually the owner |
| Certificate status | Active, expired, blocked, or cancelled |
| Encumbrances | Mortgages, court orders, liens |
| Overlapping claims | Multiple certificates over the same land |
| Land measurements | Whether the stated area matches BPN records |
Land certificates can be converted between types under specific circumstances:
| From | To | When/Why | Process |
|---|---|---|---|
| SHM | SHGB | PT PMA acquires the property | Application at BPN, surrender SHM |
| SHM | SHP | Foreigner acquires for personal use | Application at BPN, surrender SHM |
| SHGB | SHM | Indonesian individual upgrades | Application at BPN, meet requirements |
| SHP | SHM | Foreigner becomes Indonesian citizen | Application at BPN |
| Girik/Letter C | SHM | Traditional land formalized | BPN program (PTSL) |
SHM downgrade is irreversible in practice: When an SHM is converted to HGB or HP for a foreign buyer, the freehold status is lost. If the PT PMA later sells to an Indonesian citizen, the buyer can apply to upgrade back to SHM, but this is a separate process and not guaranteed.
Property fraud is a real risk in Indonesia, particularly in Bali where high-value transactions attract bad actors.
Criminals create fake certificates with official-looking seals and stamps.
Protection: Always verify at BPN. A forged certificate will not match BPN records.
The same parcel of land has two or more certificates issued to different people, either through error or corruption.
Protection: BPN verification (SKPT) will flag overlapping certificates. Also check the physical land against the Surat Ukur (measurement letter) to ensure boundaries match.
Someone sells a property they do not own, using forged power of attorney or identity documents.
Protection: Verify the seller's identity against the certificate, check ID at the kecamatan/kelurahan, and use a reputable PPAT who conducts proper identity checks.
The seller fails to disclose that the property is mortgaged, under court seizure, or subject to a legal dispute.
Protection: The SKPT from BPN lists all encumbrances. Additionally, check with the local pengadilan negeri (district court) for pending cases involving the property.
The seller presents only an AJB without a registered certificate, claiming the certificate is "in process" or "at the bank."
Protection: Never complete a purchase without seeing the original certificate. An AJB alone is insufficient proof of rights. If the BPKB is at a bank (for a mortgage), the bank must provide a confirmation letter.
Indonesia is transitioning to digital land certificates through the sertifikat elektronik program managed by ATR/BPN (Ministry of Agrarian Affairs and Spatial Planning).
The digital certificate program is positive for buyers because:
However, the rollout is uneven. Not all BPN offices have fully implemented digital systems, and some areas lag behind. For now, continue to conduct traditional verification alongside any digital checks.
Understanding Indonesian land certificates is the foundation of safe property transactions. Never skip verification, never trust certificates at face value, and always engage a qualified PPAT and property lawyer before committing funds.
Need help verifying land certificates, conducting due diligence, or navigating property transactions in Bali? Bali Zero connects you with trusted legal professionals and guides you through every step of the property process.
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