Tenant Eviction Process in Indonesia

The legal regulations for eviction and access termination in Indonesia can be very burdensome for the property owner if the initial contract is not carefully structured regarding physical eviction, primarily due to protections in Article 1266 of the Civil Code.

Legal Disclaimer: This guide provides general legal information. Lease laws can change. Always consult a licensed notary or lawyer in Indonesia. Last verified: March 2026.

Article 1266 of the Civil Code

Under the National Civil system, a party is basically not permitted to unilaterally abort a pure contract, even if arrears are extensive. If a breach occurs, Article 1266 stipulates that: "the cancellation condition is legally deemed to have been agreed upon in reciprocal contracts, so one party must petition the judge in civil court (Pengadilan Negeri) to terminate the lease."

The Importance of the Waiver Clause

To avoid months of cascading litigation in government courts, every legally drafted lease agreement should insert a "Waiver of Article 1266" (Pengesampingan Pasal 1266).

By waiving this article, the tenant agrees that the landlord can legally void the contract and seize or replace locks—provided warning letters have been properly executed according to the contract's deadlines—without needing to escalate the dispute to the District Court.

Practical Procedures When a Breach Occurs

If the lease has waived the aforementioned article:

1. Warning Letter (Somasi): The landlord must send a First, Second, and Final Somation as a sign of normative ethical compliance.
2. Local Community Involvement: When a physical eviction occurs, local village apparatus such as the Head of the Neighborhood Association (RT), or Local Police (Polsek) are usually required at least as mediating witnesses so that the physical eviction is not classified as an act of trespassing by the landlord against the tenant.
3. Voluntary Confiscation: Often, if belongings remain on the premises past the deadline, the owner can pack them into storage boxes with community witnesses to uphold legality.