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Peer To Peer Lending Agreement for Indonesia

Peer To Peer Lending Agreement Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that facilitates peer-to-peer lending transactions between lenders and borrowers through a registered digital platform. The agreement complies with OJK Regulation No. 77/POJK.01/2016 and related Indonesian financial regulations, establishing the terms and conditions for the loan, including interest rates, repayment terms, platform fees, and risk disclosures. It incorporates mandatory consumer protection provisions, data privacy requirements, and dispute resolution mechanisms specific to the Indonesian jurisdiction.

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Peer To Peer Lending Agreement

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What is a Peer To Peer Lending Agreement?

The Peer to Peer Lending Agreement serves as the primary legal framework for conducting P2P lending transactions in Indonesia's growing fintech sector. This document is essential for platforms registered with the Financial Services Authority (OJK) to facilitate loans between lenders and borrowers. It must comply with OJK Regulation No. 77/POJK.01/2016, the Indonesian Civil Code, and various financial services regulations. The agreement covers crucial aspects including loan terms, interest rates, platform responsibilities, risk disclosures, data protection, and dispute resolution mechanisms. It's particularly important given Indonesia's expanding digital financial services market and the need to protect both lenders and borrowers while ensuring regulatory compliance.

What sections should be included in a Peer To Peer Lending Agreement?

1. Parties: Identification of the Lender, Borrower, and Platform Operator with complete legal names and addresses

2. Background: Context of the agreement, including the platform's OJK registration status and the purpose of the P2P lending arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including technical and financial terms

4. Loan Details: Specific details of the loan including principal amount, interest rate, term, and purpose

5. Platform Services: Description of services provided by the P2P platform operator and their role in facilitating the loan

6. Disbursement Terms: Conditions precedent for loan disbursement and the disbursement process

7. Repayment Terms: Payment schedule, method of repayment, and early repayment provisions

8. Interest and Fees: Detailed breakdown of interest calculation, platform fees, and other applicable charges

9. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity and authority

10. Rights and Obligations: Detailed responsibilities of each party throughout the loan term

11. Risk Disclosure: Mandatory risk warnings and acknowledgments as required by OJK regulations

12. Default and Remedies: Events of default and consequences, including collection procedures

13. Data Protection: Provisions for handling personal data in compliance with Indonesian data protection laws

14. Governing Law and Dispute Resolution: Choice of law and dispute resolution mechanisms

15. Term and Termination: Duration of the agreement and circumstances for termination

16. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability

What sections are optional to include in a Peer To Peer Lending Agreement?

1. Guarantor Provisions: Required when a third-party guarantor is involved in securing the loan

2. Collateral Requirements: Needed when the loan is secured by specific assets

3. Insurance Requirements: Used when mandatory insurance coverage is required for the loan

4. Special Purpose Provisions: For loans restricted to specific purposes (e.g., business, education)

5. Auto-Debit Authorization: When automatic payment arrangements are established

6. Secondary Market Trading: If the platform allows for transfer or assignment of the loan

7. Force Majeure: Detailed provisions for unforeseen circumstances, particularly relevant post-COVID

8. Joint and Several Liability: Required when there are multiple borrowers

What schedules should be included in a Peer To Peer Lending Agreement?

1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest, fees, and payment schedule

2. Schedule 2 - KYC Documentation: List of required identity and verification documents

3. Schedule 3 - Platform Terms of Use: Standard platform terms and conditions

4. Schedule 4 - Risk Disclosure Statement: Detailed risk warnings and acknowledgments

5. Schedule 5 - Fee Schedule: Comprehensive breakdown of all applicable fees

6. Appendix A - Payment Procedures: Detailed payment and disbursement procedures

7. Appendix B - Default Procedures: Step-by-step process for handling defaults

8. Appendix C - Privacy Policy: Detailed data protection and privacy provisions

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Financial Technology

Financial Services

Banking

Small and Medium Enterprises

Consumer Lending

Technology

E-commerce

Retail

Education Finance

Agricultural Finance

Real Estate

Healthcare Finance

Relevant Teams

Legal

Compliance

Risk Management

Finance

Operations

Technology

Customer Service

Credit Analysis

Product Development

Business Development

Data Protection

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Chief Legal Officer

Chief Risk Officer

Chief Compliance Officer

Legal Counsel

Compliance Manager

Risk Manager

Credit Analysis Manager

Platform Operations Manager

Financial Controller

Product Manager

Business Development Manager

Customer Service Manager

Data Protection Officer

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

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