Private Home Loan Contract Template for Indonesia

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Key Requirements PROMPT example:

Private Home Loan Contract

"I need a Private Home Loan Contract for lending IDR 500 million to a single borrower in Jakarta, with a fixed interest rate of 12% per annum and a 15-year term starting March 2025, secured against a residential property in Menteng area."

Document background
The Private Home Loan Contract serves as a fundamental legal instrument in Indonesian private lending, specifically designed for situations where individuals seek home financing outside traditional banking channels. This document, governed by Indonesian law including the Civil Code (KUHPerdata) and relevant OJK regulations, establishes a legally binding relationship between private lenders and borrowers. It's particularly relevant in cases where traditional mortgage financing is not available or desired. The contract includes comprehensive provisions for loan terms, security arrangements through Hak Tanggungan, repayment schedules, and default procedures. It's essential for protecting both lender and borrower interests while ensuring compliance with Indonesian property and lending regulations. The document should be executed before a notary public and properly registered to ensure enforceability.
Suggested Sections

1. Parties: Identification of the lender and borrower with complete legal names, addresses, and identification numbers

2. Background: Context of the loan agreement, including the borrower's request for the loan and the lender's agreement to provide it

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

4. Loan Amount and Purpose: Specification of the loan amount and confirmation that it will be used for home purchase

5. Interest Rate: Details of the applicable interest rate, whether fixed or variable, and how it's calculated

6. Term and Repayment: Duration of the loan and detailed repayment schedule including payment amounts, dates, and methods

7. Security: Details of the mortgage rights (Hak Tanggungan) over the property and any other security arrangements

8. Representations and Warranties: Statements of fact by the borrower regarding their ability to enter into and perform the agreement

9. Borrower's Covenants: Ongoing obligations of the borrower including property maintenance, insurance, and payment of taxes

10. Events of Default: Circumstances that constitute default and the lender's rights in such events

11. Enforcement Rights: Lender's rights and remedies in case of default, including property seizure procedures

12. Notices: How formal communications between parties should be made and delivered

13. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for disputes

Optional Sections

1. Guarantor Provisions: Required when there is a third-party guarantor for the loan

2. Insurance Requirements: Detailed insurance obligations when specific insurance types are required beyond standard property insurance

3. Early Repayment: Terms for early loan repayment when allowed, including any penalties or calculations

4. Property Maintenance Standards: Specific maintenance requirements when the property requires special care or is of high value

5. Change of Circumstances: Provisions for dealing with significant changes in borrower's circumstances, needed for high-value loans

6. Electronic Communications: Terms for electronic notifications and documentation when parties agree to digital communication

7. Joint Borrowers: Additional terms when there are multiple borrowers

Suggested Schedules

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

2. Schedule 2 - Payment Schedule: Detailed amortization schedule showing all payments, interest, and principal amounts

3. Schedule 3 - Conditions Precedent: List of documents and conditions that must be satisfied before loan disbursement

4. Schedule 4 - Insurance Requirements: Detailed specifications for required insurance coverage

5. Schedule 5 - Form of Draw Down Notice: Template for requesting loan disbursement

6. Appendix A - Property Valuation Report: Independent valuation of the property

7. Appendix B - Required Documents: Copies of required identification documents, permits, and certificates

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

Relevant legal definitions
Relevant Industries

Financial Services

Real Estate

Legal Services

Private Lending

Residential Property

Property Development

Mortgage Services

Banking

Relevant Teams

Legal

Compliance

Risk Management

Credit Analysis

Property Services

Documentation

Financial Advisory

Mortgage Services

Real Estate Operations

Relevant Roles

Legal Counsel

Property Lawyer

Loan Officer

Real Estate Agent

Mortgage Broker

Compliance Officer

Risk Manager

Credit Analyst

Property Manager

Financial Advisor

Notary Public

Legal Documentation Specialist

Private Lending Manager

Industries
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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