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Lien Affidavit for Indonesia

Lien Affidavit Template for Indonesia

A Lien Affidavit under Indonesian law is a formal sworn statement that establishes a legal claim against specific property as security for payment of a debt or performance of an obligation. This document, governed by Indonesian civil law and specific regulations including the Law No. 4 of 1996 on Land Mortgage (Hak Tanggungan), serves as an official record of a creditor's security interest in the property. It must be properly executed before a notary public and typically requires registration with relevant Indonesian authorities to be fully effective. The document contains detailed information about the property, the nature of the claim, and the parties involved, while adhering to strict formal requirements under Indonesian law.

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What is a Lien Affidavit?

A Lien Affidavit is a crucial legal instrument in Indonesian business and property transactions, used to formally declare and establish a creditor's security interest in specific property. This document becomes necessary when a party needs to secure their financial interests in relation to services rendered, materials supplied, or other obligations owed. The affidavit must comply with Indonesian legal requirements, particularly the Civil Code (KUHPerdata) and relevant security interest laws. When properly executed, a Lien Affidavit provides documentary evidence of the lien claim, detailing the property description, amount claimed, and basis for the lien. It serves as an essential tool in protecting creditors' rights and facilitating secured transactions in various business contexts within Indonesia's legal framework.

What sections should be included in a Lien Affidavit?

1. Title and Jurisdiction: Clearly states this is a Lien Affidavit and the governing jurisdiction (Indonesia)

2. Affiant Information: Full legal name, address, and capacity of the person making the affidavit

3. Property Owner Information: Full legal name and address of the property owner against whom the lien is being filed

4. Property Description: Detailed legal description of the property subject to the lien, including certificate numbers, boundaries, and location

5. Basis of Claim: Detailed description of the debt or obligation that gives rise to the lien, including dates, amounts, and nature of services or materials provided

6. Lien Amount: Specific statement of the total amount claimed under the lien

7. Notice Compliance: Statement confirming compliance with any required notices under Indonesian law

8. Verification Statement: Sworn statement that all information provided is true and correct to the best of the affiant's knowledge

9. Execution Block: Space for signature, date, and notary attestation

What sections are optional to include in a Lien Affidavit?

1. Prior Liens Declaration: Optional section declaring knowledge of any existing liens or encumbrances on the property

2. Payment History: Optional section detailing any partial payments received and remaining balance

3. Contract Reference: Optional section referencing any underlying contracts or agreements related to the lien

4. Waiver Statements: Optional section including any relevant lien waiver declarations or limitations

5. Additional Claimants: Optional section listing any additional parties who may have an interest in the lien claim

What schedules should be included in a Lien Affidavit?

1. Schedule A - Property Documents: Copies of property titles, certificates, or other property ownership documentation

2. Schedule B - Supporting Documentation: Copies of contracts, invoices, delivery receipts, or other documents supporting the lien claim

3. Schedule C - Notice Documentation: Copies of any required notices served and proof of service

4. Schedule D - Payment Records: Documentation of any payments made or received related to the claim

5. Appendix 1 - Property Photos: If relevant, photographs of the property or work performed

6. Appendix 2 - Calculation Sheet: Detailed breakdown of the lien amount calculation

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions



























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