A Balinese recruit joins a Canggu agency in 2026 and asks what Ministry of Trade Regulation 33/2025 requires of her personally before she handles deals. What is correct?
- Nothing personal: only the agency needs a licence
- A competency certificate, and she must work under a licensed brokerage entity
- Membership of a notary chamber and a law degree
- A tourism guide licence from the Bali provincial government
Permendag 33/2025 makes competency certification mandatory for individual brokers and requires them to be affiliated with a licensed business entity. The brokerage company itself needs its own business licence through the risk-based system.
NusaBali, Foreign nationals prohibited from acting as active property brokers, AREBI Bali emphasizes (2025-11-14) Under Permendag 33/2025, what commission range applies to a brokered property sale in Indonesia?
- 1% to 2% of the price
- Freely negotiated, with no range at all
- 5% to 8% of the price
- 2% to 5% of the price
The regulation sets 2% to 5% for sales and 5% to 8% for rentals. It also caps the share paid to the expert staff inside the brokerage firm at 70% of the total commission. Agreements with clients and co-brokers must be in writing.
SIP Law Firm, Aturan baru broker properti wajib sertifikasi (Permendag 33/2025) (2026-04-25) Example figures: your agency sells a freehold villa in Sanur to an Indonesian buyer for IDR 5,000,000,000 at a 3% commission. Under Permendag 33/2025, what is the maximum amount the agency may pay to the certified agent who handled the deal (in IDR)?
IDR Commission = 5,000,000,000 x 3% = IDR 150,000,000. The agent's share is capped at 70% of the total commission: 150,000,000 x 70% = IDR 105,000,000. The rest stays with the brokerage firm.
SIP Law Firm, Aturan baru broker properti wajib sertifikasi (Permendag 33/2025) (2026-04-25) An Australian on a Visa on Arrival films a villa and posts it on social media to find buyers and renters. What did Bali immigration do in a similar 2024 case?
- Issued a verbal warning, since social media posts are not work
- Required him to convert to a work permit within 30 days
- Deported him, treating the promotion as business activity a VoA does not allow, with a re-entry ban
- Fined the villa owner only, since foreigners are never liable
The Singaraja Immigration Office deported the man in September 2024: a Visa on Arrival only covers tourism, and promoting a villa was treated as business activity. He received a six-month re-entry ban that can be extended. Bali has stepped up such checks since then.
Indonesian National Police news portal, Bali immigration office deports Australian for misusing visa to promote villa (2024-09-28) Which yearly reporting duty does Permendag 33/2025 place on a property brokerage company?
- An activity report submitted through the Ministry of Trade system by 30 April
- A quarterly report to the Bali governor on foreign clients
- A monthly listing count sent to AREBI
- No reporting at all once the NIB is issued
Brokerage firms must file an annual activity report by 30 April through the Ministry of Trade's system. Breaches can lead to written warnings, suspension, licence revocation or administrative fines.
SIP Law Firm, Aturan baru broker properti wajib sertifikasi (Permendag 33/2025) (2026-04-25) A French expat in Bali wants to join your agency as a field agent showing villas and negotiating offers. What does AREBI Bali say the new brokerage rules allow?
- Anything, as long as he holds a KITAS of any type
- Field broking, provided an Indonesian agent co-signs each deal
- Field broking only for foreign buyers
- Managerial roles such as business development, but not client acquisition, negotiation or transaction handling
AREBI Bali stressed in November 2025 that Permendag 33/2025 bars foreigners from core brokerage work. They may hold management functions, for example business development or strategic marketing, but not act as active brokers.
NusaBali, Foreign nationals prohibited from acting as active property brokers, AREBI Bali emphasizes (2025-11-14) In the risk-based licensing system (OSS), how is property brokerage (KBLI 68200, real estate on a fee or contract basis) classified under the new rules, and what follows from it?
- Low risk: an NIB alone is enough
- Medium-High risk: the company needs a standard certificate on top of its NIB
- High risk: a full ministerial licence and an environmental permit
- Not classified: brokers operate without registration
Brokerage is treated as a Medium-High risk activity, so the firm must obtain a Medium-High Risk Standard Certificate in addition to the NIB. Agents themselves need competency certificates.
NusaBali, Foreign nationals prohibited from acting as active property brokers, AREBI Bali emphasizes (2025-11-14) AREBI announced a national certification target tied to the end of the Permendag 33/2025 socialisation period. What was it?
- 500 certified brokers by December 2025
- All 3,000 Bali agents certified by June 2026
- 5,000 certified brokers by October 2026
- 10,000 certified brokers by 2030
In May 2026 AREBI said it aimed for 5,000 certified brokers by October 2026, when the socialisation period ends. Certification is run by an accredited LSP against national competency standards. In Bali alone AREBI counts more than 3,000 agents, many still uncertified.
Bisnis.com, AREBI target 5.000 broker properti tersertifikasi hingga Oktober 2026 (2026-05-19) A foreign investor wants to open a PT PMA brokerage in Bali in 2026. What did BKPM Regulation 5/2025 change for new foreign-owned companies?
- Minimum paid-up capital fell from IDR 10 billion to IDR 2.5 billion, while planned investment must still exceed IDR 10 billion
- PT PMA companies no longer need any minimum capital
- Minimum paid-up capital rose to IDR 25 billion
- Foreign brokerages must now be 51% owned by AREBI members
BKPM Regulation 5/2025 cut the minimum paid-up capital for new PT PMA companies to IDR 2.5 billion. The total investment plan must still be above IDR 10 billion, and the paid-in funds cannot be withdrawn for at least a year. Owning a PT PMA does not let a foreign director act as a field broker.
Infiniti, Perka BKPM 5/2025: aturan modal disetor PMA turun (2025) A Dutch buyer with a KITAS asks whether he can buy a villa in Uluwatu as Hak Milik (freehold) in his own name. What do you tell him?
- Yes, if he holds a KITAP rather than a KITAS
- Yes, if the price exceeds IDR 5 billion
- Yes, through a notarial power of attorney
- No: Hak Milik is for Indonesians; he can hold a house under Hak Pakai or own an apartment unit (HMSRS)
Foreigners with valid immigration documents can hold a residential house under Hak Pakai (right of use), a Hak Sewa lease, or ownership of an apartment unit under PP 18/2021. Hak Milik on a house is converted to Hak Pakai when a foreigner buys it.
Hukumonline, Hak atas tanah dan bangunan bagi orang asing di Indonesia (2021-03-30) What minimum prices apply in Bali when a foreigner buys a home under Kepmen ATR/BPN 1241/2022?
- IDR 1 billion for a house and IDR 500 million for an apartment
- IDR 5 billion for a landed house and IDR 2 billion for an apartment unit
- IDR 10 billion for both
- There is no minimum price outside Jakarta
The ministerial decree sets thresholds by province. For Bali: IDR 5 billion for a landed house and IDR 2 billion for an apartment unit. A listing below these prices cannot be sold to a foreigner under Hak Pakai or HMSRS.
Hukumonline, WNA bisa beli rumah hunian dengan harga minimal berikut ini (2023-02-08) Example figures: a member of the Indonesian diaspora (foreign passport holder) wants a landed house in Bali. The decree lets diaspora buyers use 75% of the normal Bali threshold of IDR 5 billion. What is his minimum price (in IDR)?
IDR 5,000,000,000 x 75% = IDR 3,750,000,000. The same 75% rule applies to the apartment threshold: 2,000,000,000 x 75% = IDR 1,500,000,000.
Hukumonline, WNA bisa beli rumah hunian dengan harga minimal berikut ini (2023-02-08) A foreign couple wants to buy two adjoining plots in Tabanan totalling 3,500 m2 to build one family home under Hak Pakai. What limit applies?
- No limit as long as each plot is under 2,000 m2
- Up to 5,000 m2 per person
- One parcel of at most 2,000 m2 per person or family, unless the Minister grants an exception
- Up to 10,000 m2 if the land is outside a tourism zone
Landed homes for foreigners are capped at one parcel and 2,000 m2 per person or family. The Minister of ATR/BPN may allow more where there is a positive economic or social justification, but agents should never assume it.
Hukumonline, WNA bisa beli rumah hunian dengan harga minimal berikut ini (2023-02-08) A Hak Pakai is granted on state land to a foreign home owner. What is the maximum total duration if it is granted, extended and then renewed in full under PP 18/2021?
- 80 years: 30, plus a 20-year extension, plus a 30-year renewal
- 25 years with no extension
- 99 years in one grant
- Unlimited, like Hak Milik
Under PP 18/2021 a Hak Pakai on state land or management-right land runs up to 30 years, can be extended by 20 and renewed by 30, for 80 years in total. On Hak Milik land the right runs up to 30 years and is renewed by a PPAT deed.
ASEAN Briefing, Indonesia's Omnibus Law: relaxed foreign ownership laws on real estate (2022-09-13) A client signs a 25-year leasehold (Hak Sewa) on a villa in Pererenan. What does he actually own at the end of the deal?
- The land, once the lease is paid in full
- A Hak Milik certificate in his name
- A Hak Pakai registered automatically at BPN
- A contractual right to use the property for the term; the land stays with the Indonesian owner
Leasehold is a rental right: the landowner keeps the title. Leases typically start around 25 years, and any extension depends on the clauses agreed in the lease, so agents must read the extension terms and price carefully.
InCorp (Cekindo), Bali property ownership: rental and leasehold (2023-10-18) A seller proposes that your foreign buyer put the freehold title in the name of the seller's Balinese cousin, backed by a side agreement and a power of attorney. What is the correct advice in 2026?
- It is safe if the side agreement is notarised
- It is safe if the cousin also signs a loan agreement
- Refuse: Indonesia does not recognise beneficial ownership, the side deal is unenforceable, and Bali has moved to ban such pinjam nama schemes outright
- It is safe for 30 years, then must be converted
Nominee structures give the foreigner no enforceable right: the person on the certificate is the legal owner. Bali's governor has made nominee control a priority and in 2026 issued a provincial instrument banning pinjam nama registrations. An agent who arranges one exposes the client and the agency.
Mondaq (IHF Partners), Buyers beware: foreign ownership of Indonesian residential property (2023-12-05) Which of these is listed as a reporting party to PPATK (Indonesia's financial intelligence unit) under Government Regulation 43/2015?
- Only banks and money changers
- Property companies and property agents, alongside notaries and PPAT land deed officials
- Only the PPAT, never the agent
- Only developers listed on the stock exchange
PP 43/2015 brought property companies and agents into the anti-money-laundering regime, together with notaries, PPAT officials, advocates and accountants. They must report suspicious transactions linked to property sales to PPATK.
Setkab, Pemerintah wajibkan pihak-pihak ini lapor PPATK terkait transaksi mencurigakan (2015-06-23) A buyer insists on paying for a Seminyak villa in several cash bundles from different people, refuses to explain the source and asks you to keep the price off paper. What should you do?
- File a suspicious transaction report with PPATK and avoid telling the client you reported
- Accept the cash but ask the notary to record a lower price
- Warn the client that you will report him, then wait for his reaction
- Ignore it: only the bank has reporting duties
As a reporting party under PP 43/2015, the agency must report suspicious property transactions to PPATK. Under the anti-money-laundering law (Law 8/2010) reporting parties must not disclose to the client that a report is being made. Under-declaring the price in the deed is a separate tax and legal risk.
Setkab, Pemerintah wajibkan pihak-pihak ini lapor PPATK terkait transaksi mencurigakan (2015-06-23) What did Governor Wayan Koster instruct in July 2025 about tourism projects on productive land in Bali?
- A full island-wide ban on all construction for five years
- A tax discount for hotels built on rice fields
- That from 2025 no permits may be issued for tourism facilities on productive land
- That only foreign investors need permits on farmland
Speaking to the Bali DPRD on 28 July 2025, the governor said no more permits would be issued for tourism facilities on productive land, and that he would align regencies on it. He had earlier dropped the idea of a total moratorium in favour of selective control.
Antara Bali, Bali mulai tahun ini tak beri izin properti wisata di lahan produktif (2025-07-28) In late 2026 an investor wants to lease a rice field (sawah) in Tabanan and build six rental villas on it. After the deadly September 2025 floods, what is the provincial position you must explain?
- Allowed if the villas are under two storeys
- Allowed if the land is leased rather than bought
- Allowed if the investor pays a conversion fee to the regency
- No new permits for commercial use of rice fields; building there is limited to the landowner's own home
The governor reiterated after the floods that rice fields may not be converted to hotels, restaurants or other commercial buildings, and that building on sawah is limited to a residence for the landowner. Agents should check the zoning map and the KKPR before taking any listing on farmland.
Good News From Indonesia, Cegah banjir, Gubernur Bali larang alih fungsi sawah jadi hotel dan restoran (2025-09-17) A buyer plans to list his Canggu villa on Airbnb and Booking.com. What did the Ministry of Tourism require of hosts from 1 August 2026?
- Nothing new: platforms handle all licensing
- A valid NIB with a matching KBLI code, or the listing faces removal
- Only a tourist tax receipt from the airport
- A signed letter from the banjar head only
The ministry set 31 March 2026 for accommodation to hold valid licences through OSS, then announced delisting of unlicensed stays from 1 August 2026. Hosts need an NIB and the right KBLI, and platforms may not onboard new listings without them. In October 2025 only about 14,500 of more than 29,000 Bali non-hotel units on OTAs were in the national registry.
Freaking Nomads, Indonesia to delist unlicensed stays on booking platforms from August 2026 (2026-06-08) Example figures: a buyer acquires a Hak Milik house in Bali for IDR 6,000,000,000. Assume the regency applies the 5% BPHTB rate with a non-taxable allowance (NPOPTKP) of IDR 80,000,000. How much BPHTB does the buyer pay (in IDR)?
IDR BPHTB = (6,000,000,000 - 80,000,000) x 5% = 5,920,000,000 x 5% = IDR 296,000,000. Each regency sets its own NPOPTKP by local regulation, so check the Badung, Gianyar or Tabanan figure. The seller separately pays 2.5% final income tax on the gross price: IDR 150,000,000 here.
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