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The Guarantor In Loan Agreement is a crucial document in Indonesian lending practices, used when additional security is required for a loan facility. This document becomes necessary when a lender requires extra assurance beyond the borrower's own creditworthiness, typically in situations involving substantial loan amounts, higher-risk lending, or when dealing with new borrowers. The agreement must comply with Indonesian law, particularly the Civil Code (KUH Perdata) Articles 1820-1850 governing guarantees, and relevant OJK regulations. It details the guarantor's obligations, limits of liability, enforcement procedures, and includes specific provisions required under Indonesian law such as dual-language requirements and notarization. The document serves as a risk mitigation tool for lenders while providing a structured framework for guarantors to understand and fulfill their obligations.

1. Parties: Identification of all parties: the Lender (creditor), the Borrower (principal debtor), and the Guarantor

2. Background: Context of the guarantee, reference to the principal loan agreement, and the purpose of this guarantee agreement

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Guarantee and Indemnity: Core section detailing the scope of the guarantee, the guarantor's obligations, and indemnification provisions

5. Nature and Extent of Guarantee: Specific details about what is being guaranteed, including maximum liability amount and duration

6. Guarantor's Representations and Warranties: Statements and assurances made by the guarantor regarding their capacity and authority to provide the guarantee

7. Continuing Security: Provisions establishing that the guarantee remains in effect until all secured obligations are fully discharged

8. Payments and Interest: Terms regarding how and when payments should be made by the guarantor if the guarantee is called upon

9. Enforcement and Rights of the Lender: Circumstances under which the guarantee can be enforced and the lender's rights

10. Guarantor's Obligations and Restrictions: Specific obligations of the guarantor during the term of the guarantee and actions they are restricted from taking

11. Default and Remedies: Events constituting default and the remedies available to the lender

12. Notices: Process and requirements for giving formal notices under the agreement

13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including severability, amendments, and entire agreement provisions