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Digital Loan Agreement Template for Indonesia

A comprehensive agreement governing digital lending transactions in Indonesia, compliant with OJK regulations and the Electronic Information and Transactions Law. This agreement establishes the terms and conditions for digital loans, including electronic execution, online disbursement, and digital repayment mechanisms. It incorporates Indonesian financial services regulations, data protection requirements, and consumer protection provisions, while addressing specific aspects of digital financial services such as platform usage, electronic signatures, and online transaction security.

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What is a Digital Loan Agreement?

The Digital Loan Agreement serves as the primary contractual framework for online lending transactions in Indonesia's growing digital financial services sector. It is designed to comply with Indonesian Financial Services Authority (OJK) regulations, particularly OJK Regulation No. 77/POJK.01/2016 on peer-to-peer lending services, and Law No. 11 of 2008 on Electronic Information and Transactions. This agreement is essential for fintech companies, banks, and financial institutions offering digital lending services, providing legal protection while ensuring compliance with electronic transaction requirements, data protection laws, and consumer protection regulations. The document addresses key aspects such as digital execution, online disbursement mechanisms, electronic payment systems, and platform-based loan management, making it suitable for both consumer and business lending in the digital space.

What sections should be included in a Digital Loan Agreement?

1. Parties: Identification of the lender and borrower, including complete legal names, addresses, and registration details

2. Background: Context of the agreement, nature of the digital lending relationship, and platform through which the loan is facilitated

3. Definitions: Definitions of key terms used throughout the agreement, including technical and financial terms

4. Loan Details: Specific terms of the loan including principal amount, interest rate, tenure, and repayment schedule

5. Disbursement Terms: Conditions precedent for loan disbursement and the disbursement process

6. Repayment Terms: Detailed repayment obligations, payment methods, and prepayment provisions

7. Interest and Fees: Calculation and application of interest, late payment penalties, and other applicable fees

8. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity and authority

9. Borrower Obligations: Specific duties and responsibilities of the borrower during the loan term

10. Electronic Transaction Consent: Explicit consent to electronic execution and digital communications

11. Data Privacy and Protection: Terms regarding collection, use, and protection of personal data

12. Default Events: Circumstances constituting default and consequences thereof

13. Termination: Conditions and process for early termination of the agreement

14. Dispute Resolution: Process for handling disputes, including jurisdiction and applicable law

15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

What sections are optional to include in a Digital Loan Agreement?

1. Guarantor Provisions: Include when a third-party guarantor is securing the loan

2. Collateral Terms: Include when the loan is secured by specific assets

3. Insurance Requirements: Include when borrower is required to maintain specific insurance coverage

4. Auto-Debit Authorization: Include when automatic payment deduction is available and required

5. Refinancing Terms: Include when refinancing options are being offered

6. Special Purpose Restrictions: Include when loan is granted for specific purpose only

7. Co-Borrower Terms: Include when there are multiple borrowers

What schedules should be included in a Digital Loan Agreement?

1. Schedule 1 - Loan Calculation Details: Detailed breakdown of interest calculations, amortization schedule, and fee structure

2. Schedule 2 - KYC Documentation Requirements: List of required identity verification and supporting documents

3. Schedule 3 - Digital Platform Terms: Specific terms related to the use of the digital lending platform

4. Schedule 4 - Privacy Policy: Detailed privacy and data protection policy

5. Schedule 5 - Electronic Transaction Procedures: Technical procedures for electronic execution and communications

6. Appendix A - Consent Forms: Standard forms for various consents including data processing and electronic communications

7. Appendix B - Default Notice Templates: Standard formats for default and enforcement notices

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use

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