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Home Loan Agreement

Home Loan Agreement Template for Indonesia

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Key Requirements PROMPT example:

Home Loan Agreement

"I need a Home Loan Agreement under Indonesian law for a residential apartment purchase in Jakarta, with a fixed interest rate for the first 3 years and floating rate thereafter, including provisions for early repayment and property insurance requirements."

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Document background
The Home Loan Agreement serves as the primary legal document for residential property financing in Indonesia, structured in accordance with Indonesian banking regulations and civil law requirements. It is used when individuals or families seek financing for home purchase, construction, or renovation from banks or financial institutions. The agreement must comply with Bank Indonesia regulations, OJK guidelines, and consumer protection laws, while potentially accommodating Sharia principles for Islamic banking options. The document includes crucial elements such as property details, loan terms, security arrangements through Hak Tanggungan (mortgage rights), insurance requirements, and borrower obligations. It requires proper execution before a notary public and registration with relevant authorities to ensure enforceability under Indonesian law.
Suggested Sections

1. Parties: Identification of the lender (bank/financial institution) and borrower(s), including their complete legal names, addresses, and registration numbers

2. Background: Context of the loan agreement, including the purpose of the loan and property details

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount, currency, and confirmed purpose for home purchase/construction

5. Interest Rate and Calculations: Details of interest rate (fixed or floating), calculation method, and effective interest rate

6. Term and Repayment: Loan duration, repayment schedule, and payment mechanisms

7. Security and Mortgage: Details of the property mortgage (Hak Tanggungan) and any additional security requirements

8. Conditions Precedent: Prerequisites that must be fulfilled before loan disbursement

9. Representations and Warranties: Borrower's declarations regarding their legal capacity and property status

10. Covenants: Ongoing obligations of the borrower during the loan term

11. Insurance Requirements: Mandatory insurance coverage for the property and borrower

12. Events of Default: Circumstances constituting default and consequent remedies

13. Prepayment Terms: Conditions and penalties for early loan repayment

14. Governing Law and Jurisdiction: Confirmation of Indonesian law governance and dispute resolution mechanism

Optional Sections

1. Sharia Compliance: Required for Islamic banking home financing, specifying Murabaha or Musharaka structure

2. Foreign Ownership Provisions: Required for non-Indonesian borrowers, detailing compliance with foreign ownership restrictions

3. Guarantor Provisions: Required when a third-party guarantor is involved in the loan arrangement

4. Construction Provisions: Required for loans financing home construction rather than purchase

5. Joint Borrower Terms: Required when multiple borrowers are jointly taking the loan

6. Property Development Clause: Required for properties in development/off-plan purchases

7. Government Subsidy Terms: Required for loans under government housing schemes

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property, including certificate numbers and boundaries

2. Schedule 2 - Payment Schedule: Detailed amortization table showing monthly payments, principal, and interest breakdown

3. Schedule 3 - Insurance Requirements: Specific insurance requirements and minimum coverage amounts

4. Schedule 4 - Fees and Charges: Complete list of all applicable fees, charges, and penalties

5. Schedule 5 - Disbursement Schedule: Timeline and conditions for loan disbursement, particularly relevant for construction loans

6. Appendix A - Required Documents: List of all documents required from the borrower

7. Appendix B - Property Valuation Report: Summary of the official property valuation

8. Appendix C - Consent Forms: Standard consent forms for credit checks and data processing

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Bank Indonesia
Borrower
Business Day
Conditions Precedent
Default Interest
Default Rate
Disbursement Date
Drawdown Notice
Due Date
Early Repayment
Effective Date
Event of Default
Facility
Financial Indebtedness
Hak Tanggungan
Insurance Policy
Interest Period
Interest Rate
Land Certificate
Lender
Loan
Loan Account
Loan Amount
Material Adverse Effect
Maturity Date
Monthly Installment
Mortgage
OJK
Outstanding Amount
Payment Date
Prepayment Fee
Principal Amount
Property
Property Documents
Purchase Price
Repayment Schedule
Security
Security Documents
Seller
Tax
Term
Title Deed
Valuation Report
Clauses
Parties
Definitions
Loan Amount
Purpose
Interest Rate
Term and Maturity
Disbursement
Repayment
Prepayment
Security
Mortgage Rights
Property Insurance
Life Insurance
Conditions Precedent
Representations and Warranties
Borrower Covenants
Lender Covenants
Events of Default
Remedies
Property Valuation
Assignment
Notices
Force Majeure
Amendment
Severability
Fees and Charges
Tax
Registration
Governing Law
Dispute Resolution
Entire Agreement
Language
Notarization
Property Title
Spouse Consent
Default Interest
Property Maintenance
Insurance Claims
Change in Law
Set-off Rights
Borrower Undertakings
Relevant Industries

Banking

Real Estate

Financial Services

Insurance

Construction

Legal Services

Property Development

Mortgage Services

Islamic Banking

Relevant Teams

Legal

Credit

Mortgage

Risk Management

Compliance

Operations

Islamic Banking

Property Services

Customer Service

Documentation

Underwriting

Relevant Roles

Legal Counsel

Mortgage Officer

Credit Analyst

Bank Manager

Loan Officer

Compliance Officer

Risk Manager

Property Valuer

Notary Public

Banking Operations Manager

Islamic Banking Specialist

Consumer Protection Officer

Document Controller

Legal Administrator

Property Lawyer

Industries
Indonesian Civil Code (KUH Perdata): The fundamental law governing contracts, obligations, and property rights in Indonesia. Particularly Book III on Contracts and Book II on Property.
Law No. 4 of 1996 on Mortgages of Land and Land-Related Objects: Regulates the creation, registration, and enforcement of mortgages (Hak Tanggungan) on land and buildings in Indonesia.
Law No. 10 of 1998 on Banking: The primary banking law that governs lending activities, including housing loans, by banks in Indonesia.
Law No. 8 of 1999 on Consumer Protection: Ensures fair treatment of consumers in financial transactions, including transparency in loan agreements and protection of borrower rights.
Bank Indonesia Regulation No. 17/10/PBI/2015: Regulates the Loan to Value (LTV) ratios for housing loans and mortgage requirements.
Financial Services Authority (OJK) Regulation No. 1/POJK.07/2013: Covers consumer protection in the financial services sector, including requirements for transparency in loan agreements.
Law No. 21 of 2008 on Sharia Banking: Governs Islamic banking principles for home financing, relevant for Sharia-compliant home loans.
Government Regulation No. 103 of 2015: Regulates house ownership by foreigners domiciled in Indonesia, relevant for foreign borrowers.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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