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Peer To Peer Loan Agreement for Indonesia

Peer To Peer Loan 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 regulated P2P lending platform. The agreement complies with OJK (Financial Services Authority) regulations, particularly Regulation No. 77/POJK.01/2016 on P2P Lending Services, and addresses key aspects including loan terms, interest rates, repayment schedules, rights and obligations of parties, default provisions, and electronic transaction requirements. The document incorporates consumer protection measures and digital transaction elements as required by Indonesian financial services regulations.

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Peer To Peer Loan Agreement

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What is a Peer To Peer Loan Agreement?

The Peer To Peer Loan Agreement is essential for documenting and formalizing lending relationships in Indonesia's growing digital financial services sector. This agreement is specifically designed for use when individuals or institutions wish to lend money to borrowers through regulated P2P lending platforms under Indonesian law. It incorporates all necessary elements required by OJK regulations, including mandatory disclosures, risk statements, and consumer protection provisions. The document is structured to accommodate both secured and unsecured lending arrangements and includes provisions for electronic execution as permitted under Indonesian law. It's particularly relevant for fintech platforms operating under OJK supervision and their users, ensuring compliance with regulations while facilitating efficient digital lending transactions.

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

1. Parties: Identification of the Lender and Borrower, including complete legal names, addresses, and identification numbers as required by OJK regulations

2. Background: Context of the agreement, including the purpose of the loan and the P2P lending platform through which the loan is facilitated

3. Definitions: Definitions of key terms used throughout the agreement, including technical terms related to P2P lending

4. Loan Amount and Purpose: Specification of the principal loan amount, currency, and permitted use of funds

5. Interest Rate and Fees: Details of interest rate calculation, platform fees, and other applicable charges

6. Term and Repayment: Loan duration, repayment schedule, and payment mechanisms

7. Disbursement: Conditions for and method of loan disbursement

8. Representations and Warranties: Statements of fact and assurances from both parties

9. Borrower's Obligations: Key responsibilities and commitments of the borrower

10. Events of Default: Circumstances constituting default and consequences thereof

11. Termination: Conditions and procedures for early termination

12. Electronic Transactions: Provisions regarding the validity of electronic documentation and signatures

13. Governing Law and Dispute Resolution: Application of Indonesian law and method of resolving disputes

14. Notices: Methods and requirements for formal communications between parties

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

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

1. Security: Details of any collateral or security provided for the loan - used when the loan is secured

2. Guarantor: Terms relating to any guarantor of the loan - included when a third-party guarantee is provided

3. Insurance: Requirements for insurance coverage - used when insurance is required to protect the loan

4. Prepayment: Terms for early repayment of the loan - included when early repayment is permitted

5. Assignment: Rights and restrictions regarding transfer of rights under the agreement - used when assignment needs to be specifically addressed

6. Force Majeure: Provisions for unforeseen circumstances - included when specific force majeure provisions are needed beyond standard provisions

7. Data Privacy: Specific provisions regarding handling of personal data - used when additional privacy provisions are needed beyond platform terms

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

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Fee Schedule: Breakdown of all applicable fees and charges

3. KYC Documentation: List of required Know Your Customer documents as per OJK regulations

4. Platform Terms: Standard terms and conditions of the P2P lending platform

5. Security Details: Details of any security or collateral (if applicable)

6. Risk Disclosure: Standard risk disclosure statement as required by OJK

7. Electronic Consent Form: Standard form acknowledging consent to electronic transactions and signatures

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

Financing Agreement

Cost

Free to use
Relevant legal definitions







































Clauses






























Relevant Industries

Financial Services

Financial Technology (Fintech)

Banking

Alternative Lending

Small and Medium Enterprises (SME)

Consumer Finance

Digital Banking

Technology

E-commerce

Retail

Relevant Teams

Legal

Compliance

Risk Management

Credit Analysis

Finance

Operations

Technology

Product Development

Customer Service

Business Development

Regulatory Affairs

Digital Banking

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Credit Analyst

Finance Manager

Platform Operations Manager

Chief Technology Officer

Product Manager

Customer Service Manager

Business Development Manager

Chief Financial Officer

Regulatory Affairs Director

Digital Banking Manager

Fintech Operations Director

Legal Operations Manager

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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