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Standard Mortgage Contract Template for Indonesia

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Standard Mortgage Contract

"I need a Standard Mortgage Contract for a residential property in Jakarta, where Bank Mandiri will be the lender providing a 20-year mortgage to an individual borrower, with the loan amount being IDR 2.5 billion and the contract execution planned for March 2025."

What is a Standard Mortgage Contract?

The Standard Mortgage Contract is a fundamental legal instrument in Indonesian property financing, used to create a security interest known as Hak Tanggungan over real property. This document is essential when providing property-backed financing in Indonesia, whether for residential, commercial, or industrial purposes. It must comply with Law No. 4 of 1996 on Land Mortgage, the Indonesian Civil Code, and relevant banking regulations. The contract includes detailed provisions on the property description, loan terms, borrower obligations, lender rights, and enforcement mechanisms. It requires execution before a Land Deed Official (PPAT) and subsequent registration with the Land Registry Office to be legally effective. The document is typically used by banks and financial institutions when extending credit facilities secured by real property, ensuring they have enforceable security rights under Indonesian law.

What sections should be included in a Standard Mortgage Contract?

1. Parties: Identification of the lender (mortgagee), borrower (mortgagor), and their respective details including registration numbers for institutions and ID numbers for individuals

2. Background: Context of the mortgage agreement, reference to the underlying loan or credit facility, and purpose of the mortgage

3. Definitions: Definitions of key terms used throughout the agreement, including technical terms required by Indonesian law

4. Property Details: Detailed description of the mortgaged property, including certificate numbers, land rights type, and location details as required by Indonesian land law

5. Creation of Security Interest: Provisions establishing the Hak Tanggungan (mortgage right) over the property in accordance with Law No. 4 of 1996

6. Loan Terms: Details of the underlying loan including principal amount, interest rate, term, and payment schedule

7. Borrower's Representations and Warranties: Statements regarding property ownership, authority to mortgage, and absence of encumbrances

8. Borrower's Covenants: Ongoing obligations including property maintenance, insurance, payment of taxes, and restrictions on dealing with the property

9. Events of Default: Circumstances constituting default and triggering enforcement rights

10. Enforcement Rights: Lender's rights and remedies upon default, including power of sale under Indonesian law

11. Insurance: Requirements for property insurance and assignment of insurance proceeds

12. Costs and Expenses: Allocation of costs including registration fees, taxes, and enforcement expenses

13. Notices: Process for giving formal notices between parties

14. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction of Indonesian courts

15. Execution: Signing requirements including notarization provisions as required by Indonesian law

What sections are optional to include in a Standard Mortgage Contract?

1. Third Party Guarantor Provisions: Required when there is a guarantor providing additional security for the mortgage obligations

2. Special Payment Arrangements: Included when there are specific payment structures or arrangements outside standard monthly payments

3. Property Management: Required for commercial properties or when specific management obligations are needed

4. Environmental Matters: Included for industrial properties or where environmental risks need specific attention

5. Construction Provisions: Required when the mortgage covers property under construction or future development

6. Subordination Provisions: Included when there are multiple security interests or lenders involved

7. Islamic Finance Provisions: Required when the mortgage is structured to comply with Sharia law principles

What schedules should be included in a Standard Mortgage Contract?

1. Property Description Schedule: Detailed technical description of the property including boundaries, certificates, and land use rights

2. Payment Schedule: Detailed breakdown of payment obligations including principal and interest calculations

3. Insurance Requirements: Specific insurance requirements including types of coverage and minimum amounts

4. Form of Notice: Template forms for various notices required under the agreement

5. Power of Attorney: Standard form of power of attorney for enforcement purposes

6. Property Documents: List of all relevant property certificates and documentation

7. Permitted Security Interests: List of any pre-approved security interests or encumbrances on the property

Authors

Alex Denne

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

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Relevant Industries

Banking and Financial Services

Real Estate

Construction

Insurance

Legal Services

Property Development

Residential Housing

Commercial Real Estate

Agricultural Land

Industrial Property

Relevant Teams

Legal

Credit Risk

Mortgage Operations

Compliance

Real Estate

Property Services

Documentation

Loan Administration

Risk Management

Corporate Banking

Relevant Roles

Legal Counsel

Mortgage Officer

Credit Risk Manager

Property Lawyer

Banking Executive

Loan Officer

Compliance Officer

Real Estate Manager

Property Valuation Specialist

Credit Analyst

Legal Documentation Specialist

Banking Operations Manager

Property Rights Specialist

Mortgage Underwriter

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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