Law of Indonesia

Module 6

Civil law, contracts, land, family and inheritance: the Civil Code, contract and tort, land rights and foreign ownership, marriage and divorce, and succession under Islamic, civil and customary law

Indonesian private law still rests on the Dutch Civil Code (Kitab Undang-Undang Hukum Perdata) of 1848, but it has been cut back and replaced in parts: land is governed by the Basic Agrarian Law of 1960, marriage by the Marriage Law of 1974, and company, security and bankruptcy law by modern statutes. Contracts and civil wrongs remain largely under the Code. Land is the area where foreigners face the most restrictions: a foreigner cannot own freehold land, and ‘nominee’ arrangements are void. Family and inheritance law depend on religion: Muslims are under Islamic law, applied by the Religious Courts, while non-Muslims are under the civil statutes and the District Courts, and customary law shapes many local practices. This module explains how the system works for the people who sign, buy, marry and inherit in Indonesia.

General education on the law of Indonesia, using invented people and businesses. It states laws and procedures in simplified form and is not legal advice. The law and its practice change, and every case turns on its facts, the region and the authority concerned. It does not offer legal representation or a legal opinion on any case. Consult an Indonesian advocate for any real matter.

This course was written on 5 November 2026. To the best of our knowledge, it describes the law of Indonesia as it stood on that date. Laws change, and we may have missed or misunderstood something. If you notice a change, or have other information, please do not hesitate to contact us: we will review it and update the course. We do not claim to be the final source of the law.