The Individual to Individual Loan Agreement is essential for private lending transactions in Indonesia, providing a legally binding framework for personal loans between individuals. This document is commonly used when formal bank financing is not preferred or accessible, such as family loans, friendly loans, or small business funding between individuals. The agreement must comply with Indonesian Civil Code (KUHPerdata) and relevant financial regulations, including provisions on interest rate caps and consumer protection. It typically includes detailed terms about the loan amount, interest rates, repayment schedule, default provisions, and any security arrangements. The document can be customized to include additional protections such as guarantors or collateral, making it suitable for both simple and complex private lending arrangements while ensuring legal enforceability within the Indonesian jurisdiction.
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1. Parties: Identification and details of the lender and borrower, including full legal names, addresses, and ID numbers
2. Background: Context of the loan agreement and the relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and intended purpose of the loan
5. Interest Rate: Clear statement of the interest rate, calculation method, and compliance with Indonesian usury laws
6. Repayment Terms: Detailed repayment schedule, payment methods, and due dates
7. Default and Consequences: Definition of default events and resulting consequences
8. Representations and Warranties: Statements of fact by both parties regarding their capacity to enter into the agreement
9. Rights and Obligations: Detailed responsibilities of both lender and borrower
10. Notices: How formal communications between parties should be made and delivered
11. Governing Law: Specification of Indonesian law as governing law and jurisdiction
12. Execution: Signature blocks and execution requirements
1. Security and Collateral: Details of any assets provided as security for the loan, used when the loan is secured
2. Early Repayment: Terms for early loan repayment and any associated penalties or benefits, included when early repayment is permitted
3. Insurance: Requirements for insurance on collateral or life insurance on borrower, included for larger loans or when collateral is involved
4. Assignment: Terms regarding the transfer of rights under the agreement, included when such transfers need to be addressed
5. Force Majeure: Provisions for unforeseen circumstances affecting loan repayment, included when additional flexibility might be needed
6. Guarantor: Details and obligations of any guarantor, included when a third-party guarantee is part of the loan arrangement
7. Dispute Resolution: Specific procedures for resolving disputes, included when parties want to specify mediation or arbitration before court proceedings
1. Schedule 1 - Repayment Schedule: Detailed breakdown of payment dates, amounts, and allocation between principal and interest
2. Schedule 2 - Collateral Details: Detailed description of any collateral, including registration numbers, locations, and values
3. Schedule 3 - Payment Instructions: Bank account details and payment methods for loan disbursement and repayment
4. Appendix A - Required Documents: List of documents provided by borrower (ID cards, proof of income, etc.)
5. Appendix B - Guarantor Information: Details of guarantor if applicable, including financial statements or proof of capacity
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