The Basic Loan Agreement serves as a fundamental legal instrument for documenting lending transactions in Indonesia. It is designed for use in situations where a lender provides financial accommodation to a borrower, whether for business expansion, working capital, asset acquisition, or personal use. The agreement must comply with Indonesian law, particularly the Civil Code (KUHPerdata) and Financial Services Authority (OJK) regulations. This Basic Loan Agreement includes essential provisions covering loan amount, disbursement conditions, interest calculation, repayment terms, events of default, and enforcement mechanisms. It can be adapted for both corporate and individual lending scenarios while maintaining compliance with Indonesian legal requirements regarding contract formation, interest rate restrictions, and security arrangements.
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1. Parties: Identification and details of the Lender and Borrower
2. Background: Context of the loan agreement and purpose of the facility
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted purpose
5. Disbursement: Conditions and procedures for disbursement of the loan
6. Interest: Interest rate, calculation method, and payment terms
7. Repayment: Repayment schedule, method, and prepayment provisions
8. Representations and Warranties: Standard declarations by the Borrower about their legal and financial status
9. Events of Default: Circumstances that constitute default and consequences
10. Governing Law: Specification of Indonesian law as governing law
11. Dispute Resolution: Procedures for resolving disputes and jurisdiction
1. Security: Details of any collateral or security provided - include if loan is secured
2. Guarantees: Terms of any personal or corporate guarantees - include if guaranteed
3. Insurance: Requirements for insurance of any secured assets - include if security involves physical assets
4. Financial Covenants: Financial ratios or conditions to be maintained - include for corporate borrowers
5. Information Covenants: Requirements for financial reporting - include for corporate borrowers
6. Tax Provisions: Allocation of tax liabilities - include if significant tax implications exist
7. Assignment and Transfer: Rights to assign or transfer the loan - include if transferability is contemplated
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Conditions Precedent: List of documents and conditions required before disbursement
3. Security Details: Description of security assets and registration details (if applicable)
4. Form of Disbursement Request: Standard form for requesting loan disbursement
5. Contact Details: Contact information for notices and communications
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