The real estate industry in Indonesia, particularly in the thriving market of Bali, is undergoing a significant regulatory transformation. Following the latest announcement from the AREBI Bali DPD, the Ministry of Trade has officially implemented Permendag No. 33 of 2025.

 

This regulation marks a shift from voluntary participation to a strict legal requirement: the profession of a property broker is now a formally recognized role that must possess legal standing and professional competency certification.

 

Key Highlights of Permendag No. 33 Year 2025

The new decree is designed to foster a healthier, more transparent property ecosystem while providing robust protection for consumers. The core pillars of the regulation include:

  • Mandatory Individual Certification: Every real estate agent or marketing professional is now legally required to hold a Competency Certificate issued by the BNSP. This certification number must be displayed on all marketing materials and property listings, whether digital or physical.
  • Legal Entity Requirement: Property brokerage offices must operate as a formal Legal Entity (such as a PT, Individual PT, or Cooperative) with the specific KBLI code 68200 and a valid Business Identification Number (NIB).
  • Standardized Commission Rates: The regulation formalizes lawful commission thresholds: 2%–5% for sales transactions and 5%–8% for rental/lease agreements.
  • Medium-High Risk Classification: The brokerage business is now categorized as a medium-high risk activity. This requires companies to submit annual business activity reports via the OSS (Online Single Submission) system by April 30th each year.

Global Compliance: Mandatory for Local and Foreign Investment (PMA) Companies

It is crucial for international investors and developers to note that this regulation applies universally to all property brokerage participants, including Foreign Investment Companies (PT PMA).

Any PT PMA operating within the property sector must ensure that its entire workforce—including both local staff and Foreign Workers (TKA)—holds the nationally recognized competency certification. The government has established strict enforcement measures, ranging from written warnings to the revocation of business licenses for non-compliance.

By embracing these regulations, we reinforce our dedication to providing a secure, professional, and world-class service for all clients looking to invest in the "Island of the Gods."

Investor Note: To ensure the security of your investment, always verify that your broker holds a valid, government-recognized certification.

 

By: Dipo Farizi, S.H., CLA – Legal Partner