The Personal Lending Agreement serves as a legally binding document under Indonesian law for establishing and managing personal loans between parties. It is typically used when an individual or institution provides a loan to a personal borrower, requiring detailed documentation of the lending terms, conditions, and obligations of all parties involved. The agreement must comply with Indonesian Civil Code requirements, OJK regulations, and consumer protection laws, making it suitable for both traditional financial institutions and modern fintech lenders operating in Indonesia. This document includes essential elements such as loan amount, interest calculations, repayment schedules, default provisions, and dispute resolution mechanisms, all structured to ensure enforceability within the Indonesian legal framework.
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1. Parties: Identification of the lender and borrower with complete legal names, addresses, and identity card numbers (KTP)
2. Background: Brief context of the lending arrangement and the purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the principal amount, currency (Rupiah), and stated purpose of the loan
5. Interest Rate and Calculations: Details of the interest rate, calculation method, and effective annual rate (APR)
6. Disbursement: Terms and conditions for the disbursement of the loan amount
7. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions
8. Representations and Warranties: Statements of fact and assurances from the borrower regarding their capacity and intention to repay
9. Events of Default: Circumstances that constitute default and consequences thereof
10. Rights and Obligations: Detailed responsibilities and rights of both the lender and borrower
11. Notices: Methods and addresses for official communications between parties
12. Governing Law: Confirmation of Indonesian law as governing law and jurisdiction
13. Dispute Resolution: Process for resolving disputes, including jurisdiction and venue
14. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Security: Details of any collateral or security provided for the loan - include when the loan is secured
2. Guarantor Provisions: Terms relating to any guarantor of the loan - include when there is a third-party guarantor
3. Insurance: Requirements for insurance coverage - include when insurance is required for the loan
4. Electronic Execution: Provisions for digital signing and electronic communications - include for digitally executed agreements
5. Late Payment Provisions: Specific penalties and procedures for late payments - include when implementing late payment charges
6. Assignment: Terms governing the transfer of rights under the agreement - include when assignment rights are relevant
7. Force Majeure: Provisions for unforeseen circumstances affecting loan repayment - include when specific force majeure protections are needed
1. Repayment Schedule: Detailed schedule showing payment dates, amounts, and breakdown of principal and interest
2. Loan Disbursement Details: Specific details about the bank account and method for loan disbursement
3. Security Details: Detailed description of any security or collateral provided
4. Required Documents: List of documents provided by the borrower (ID cards, proof of income, etc.)
5. Fee Schedule: Breakdown of any applicable fees, charges, and penalties
6. Insurance Requirements: Specific insurance requirements and minimum coverage amounts if applicable
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