The Mortgage Loan Contract is a fundamental document in Indonesian property financing, used when a lender provides funding for property acquisition or refinancing, secured by a mortgage right (Hak Tanggungan) over real property. This document is essential for both residential and commercial property transactions in Indonesia, combining elements of both loan financing and security creation. It must comply with various Indonesian regulations, including Law No. 4 of 1996 on Mortgages, Banking Law No. 10 of 1998, and relevant Financial Services Authority (OJK) regulations. The agreement typically includes comprehensive provisions covering loan terms, security arrangements, borrower obligations, and enforcement mechanisms, making it suitable for use by banks, financial institutions, and other authorized lenders operating in the Indonesian market.
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1. Parties: Identification of the lender (bank/financial institution) and borrower(s), including complete legal names, addresses, and registration details
2. Background: Context of the loan agreement, purpose of the loan, and brief description of the mortgaged property
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Details: Principal amount, interest rate, term, and payment schedule
5. Property Details: Legal description of the mortgaged property and confirmation of ownership
6. Mortgage Terms: Creation of mortgage rights (Hak Tanggungan), registration requirements, and security provisions
7. Representations and Warranties: Statements of fact by the borrower regarding their capacity, property ownership, and other material matters
8. Borrower's Covenants: Ongoing obligations of the borrower including property maintenance, insurance, and payment obligations
9. Events of Default: Circumstances constituting default and consequences thereof
10. Enforcement Rights: Lender's rights and remedies in case of default, including property sale procedures
11. Costs and Expenses: Allocation of fees, taxes, and other expenses
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Confirmation of Indonesian law application and jurisdiction for disputes
14. Execution: Signature blocks and notarization requirements
1. Insurance Requirements: Detailed insurance obligations when specific insurance types are required beyond standard property insurance
2. Guarantor Provisions: Terms applicable when there is a third-party guarantor for the loan
3. Additional Security: Provisions for other collateral beyond the primary mortgaged property
4. Prepayment Terms: Specific terms for early loan repayment when allowed
5. Property Development Conditions: Special conditions for properties under construction or development
6. Multiple Borrowers: Additional terms when there are multiple borrowers
7. Foreign Currency Provisions: Special terms for loans denominated in foreign currency
1. Payment Schedule: Detailed amortization table showing payment dates and amounts
2. Property Documents: List of title documents, certificates, and property ownership evidence
3. Property Description: Detailed technical description of the property including boundaries and certificates
4. Insurance Details: Specific insurance requirements and policies
5. Fee Schedule: Breakdown of all fees, charges, and costs
6. Required Permits: List of necessary permits and licenses
7. Standard Form Notices: Templates for various notices required under the agreement
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