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Home โ€บ Rent your property โ€บ Land lease agreement

Learn more about Land Lease Agreement in Indonesia

This land lease agreement allows the tenant to use land owned by the landlord in exchange for rent. Land leases work very similarly to traditional real estate leases, and tenants can enter into both residential lease agreement and commercial lease agreement. If the intended activity on the Land is a commercial activity, it will be essential to add all the descriptions related to this activity to avoid any future difficulties between the owner and the Tenant. Most land leases are unrestricted, allowing the Tenant to build a temporary or, in some cases, permanent structure at its own expense. With this land lease agreement, the land is leased and includes the necessary provisions to help you protect your asset while receiving payment for the use of the land.

Table of contents


What is a land lease as defined in indonesian law ?

In Indonesia, a land lease agreement is a legally binding contract between a lessor and a lessee, granting the tenant the right to use a piece of land owned by the landlord for a specified period in exchange for rent. This agreement outlines the terms and conditions of the lease, including the duration of the lease, rent amount, permitted land use, maintenance responsibilities, and any restrictions or conditions imposed by the landowner. Land lease agreements in Indonesia can be utilized for various purposes, including residential, commercial, agricultural, or industrial activities, and are subject to compliance with relevant laws and regulations.

What type of lands can be leased?

In Indonesia, various types of lands can be leased, depending on their designated use and zoning regulations. Some common types of lands that can be leased include:

Residential Land Land intended for residential purposes, such as building homes or apartments for habitation.
Commercial Land Land designated for commercial activities, including retail stores, offices, restaurants, and other businesses.
Agricultural Land Land used for farming, cultivation, or agricultural activities, such as growing crops, raising livestock, or establishing plantations.
Industrial Land Land designated for industrial purposes, such as manufacturing facilities, warehouses, logistics centers, or industrial parks.

What are the key components of a land lease agreement?

Key components that should be included in a land lease agreement in Indonesia typically include:

Parties Involved Identifying the landlord (lessor) and tenant (lessee) with their full names, addresses, and contact information.
Description of the Land Providing a detailed description of the leased land, including its location, size, boundaries, and any specific features or amenities.
Lease Term Specifying the duration of the lease, including the start date and end date, and any options for renewal.
Rent and Payment Terms Outlining the amount of rent, frequency of payments (e.g., monthly, quarterly), acceptable payment methods, and any penalties for late payments.
Permitted Land Use Clearly defining the purpose for which the land can be used by the tenant, including any restrictions or limitations imposed by the landlord.
Maintenance and Repairs Clarifying the responsibilities of the landlord and tenant regarding maintenance, repairs, and upkeep of the leased land.
Insurance and Liability Addressing insurance requirements, liability provisions, and indemnification clauses to protect both parties from potential risks or damages.
Termination and Default Detailing the procedures for terminating the lease agreement, including notice periods, conditions for early termination, and remedies for breaches of the agreement.
Dispute Resolution Including provisions for resolving disputes between the landlord and tenant, such as mediation or arbitration, to avoid litigation.
Compliance with Laws Ensuring that the lease agreement complies with all relevant laws and regulations governing land leases in Indonesia, including zoning ordinances and environmental regulations.
Miscellaneous Provisions Incorporating any additional terms or clauses deemed necessary by either party, such as provisions for subleasing, improvements, or assignment of the lease.

Is land lease renewal feasible in Indonesia?

In Indonesia, the renewal of a land lease agreement depends on negotiations between the landlord and tenant as the lease term nears its end. Whether renewal is possible is determined by the terms outlined in the original lease and mutual agreement between the parties. If renewal options are included in the lease, such as automatic renewal or negotiation clauses, both parties may extend the lease. However, if not specified or if there’s disagreement, renewal may not occur. Negotiations typically involve discussions on rent adjustments and other terms. Clear communication and early consideration of renewal are essential for a smooth continuation of the lease.

Who can land lease under Indonesian laws?

In Indonesia, land leases are typically available to individuals, companies, or organizations that meet certain legal requirements and criteria. Generally, anyone who has legal capacity and authority to enter into contracts can lease land in Indonesia.

This includes any individual who is of legal age and possesses the necessary legal capacity to enter into a land lease agreement in Indonesia; companies, corporations, or other legal entities registered and recognized under Indonesian law can lease land for various purposes, including commercial, industrial, or agricultural activities; Foreign individuals or entities may also be eligible to lease land in Indonesia, subject to specific regulations and restrictions imposed by Indonesian law, particularly concerning foreign ownership of land.

Why do I need a proper land lease contract?

Having a land lease contract is crucial as it provides legal protection and clarity of terms for both the landlord and the tenant. Without a contract, there’s a heightened risk of disputes, default, and property damage, as well as uncertainty for investment and financing. A contract establishes clear rights, obligations, and mechanisms for resolving conflicts, safeguarding the interests of both parties and providing security and stability to the lease arrangement.

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