Best Mortgage Lawyers in Indonesia

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Free Guide to Hiring a Real Estate Lawyer

Or refine your search by selecting a city:

PRANOTO & PARTNERS Law Firm
Jakarta, Indonesia

English
PRANOTO & PARTNERS Law Firm is a distinguished legal practice in Indonesia, renowned for its comprehensive expertise across various legal domains. The firm offers specialized services in corporate law, contract and legal agreements, property law, family law, tax law, and state administration...
K-CASE Lawyer
Surabaya, Indonesia

English
K-CASE Lawyer is a distinguished Indonesian law firm renowned for its proficiency in bankruptcy, real estate, and trial law. The firm's attorneys possess extensive experience in navigating complex bankruptcy proceedings, offering strategic solutions to safeguard clients' interests. In the realm of...

Founded in 1995
20 people in their team
English
Our law office always provides professional legal services to individuals and society and always upholds legal ethics in order to uphold the supremacy of the law and carry out the duties carried out by clients professionally in order to defend the rights and interests of clients. clients who deal...
Jakarta, Indonesia

English
Notaris Bambang Syamsuzar Oyong, SH, operates as a Notaris - PPAT Kota Banjarmasin in Kalimantan Selatan, Indonesia, offering authentic deeds for land and property transactions and notarial services for corporate deals.His work encompasses real estate conveyancing, including transfers and other...
Jakarta, Indonesia

Founded in 2000
English
Karo Karo Law Office is a Denpasar-based practice serving individuals, families, and businesses across Bali and beyond. Established in 2000 by Esra Karo Karo Kaban, S.H., the firm advises on matters that commonly arise for residents and investors in Indonesia, including family and criminal cases,...
MAHENDRA & CO. LAW FIRM

MAHENDRA & CO. LAW FIRM

1 hour Free Consultation
Semarang, Indonesia

Founded in 2016
12 people in their team
English
Indonesian
Mahendra & Co. Law Firm is a full-service Indonesian law firm with offices strategically located in the heart of the country’s business centers, Jakarta and Semarang. Our team of highly skilled lawyers combines strong academic foundations with international experience, enabling us to provide...
TRIMURTI LAW OFFICE

TRIMURTI LAW OFFICE

30 minutes Free Consultation
Jakarta, Indonesia

Founded in 2007
4 people in their team
English
Indonesian
We are experienced advocates with expertise in key areas of Indonesian law, including family, corporate, agrarian, and property law.We work with complete transparency—clearly explaining how the law applies to your situation, so you can make informed decisions with confidence. All fees are...

Founded in 2022
8 people in their team
English
JM Dirgantoro & Associates Law Firm is a Jakarta based law firm established in 2022 under Deed No. 46 and authorized by the Ministry of Law and Human Rights of the Republic of Indonesia. Based at ITC Cempaka Mas Office Tower in Jakarta Pusat, the firm is led by experienced partners committed to...
Suwa Affiliates & Co
Jakarta, Indonesia

12 people in their team
English
Suwa Affiliates & Co is an Indonesian law firm based in Makassar that advises individuals and companies across the country. The team provides legal consultation, litigation and non litigation support spanning criminal and civil matters, employment, corporate and commercial issues, property and...
HK & Associates Law Office
Jakarta, Indonesia

Founded in 2016
6 people in their team
English
HK & Associates Law Office is a respected Indonesian law firm based in Samarinda, East Kalimantan, offering comprehensive counsel in corporate and commercial matters, civil disputes and agrarian law including boundary disputes and conveyancing.The advocates at HK & Associates Law Office are...
AS SEEN ON

About Mortgage Law in Indonesia

Mortgage law in Indonesia is governed by a combination of national legislation and local customs. The primary legislation concerning mortgages is the Agrarian Basic Law of 1960, which outlines the principles of land ownership and the types of land rights that can be used as security for a mortgage. Mortgages in Indonesia are typically referred to as "Hak Tanggungan" and are registered with the local Land Office (Badan Pertanahan Nasional or BPN) to ensure their legality and enforceability. The system is designed to protect both lenders and borrowers by providing clear regulations and procedures for securing and foreclosing on mortgages.

Why You May Need a Lawyer

Individuals may need legal help with mortgages in Indonesia for several reasons:

  • Understanding complex legal documents and ensuring they are properly drafted and executed.
  • Negotiating terms with lenders or disputing unfair terms.
  • Assisting with foreclosure proceedings, which can be complicated and require precise adherence to legal procedures.
  • Guidance through the mortgage registration process to ensure compliance with local regulations.
  • Resolving disputes between parties involving mortgage contracts.

Local Laws Overview

Some of the key aspects of local laws relevant to mortgages in Indonesia include:

  • Hak Tanggungan: This is the legal form of a mortgage in Indonesia, which requires proper registration with BPN.
  • Rights of Ownership: Only certain types of land rights can be used as security for a mortgage, including ownership rights ("Hak Milik") and right of use ("Hak Guna Bangunan").
  • Foreclosure Process: Involves court procedures and adherence to the Indonesian Civil Code.
  • Registration Process: Mortgages must be registered with the BPN. This is crucial for the enforceability of the mortgage agreement.
  • Government Regulations: Compliance with regulations issued by the Ministry of Agrarian Affairs and Spatial Planning is essential.

Frequently Asked Questions

What is a "Hak Tanggungan"?

"Hak Tanggungan" is the Indonesian term for a mortgage, which is the security interest granted over property to secure the repayment of a loan.

Can foreigners acquire a mortgage in Indonesia?

Foreigners cannot directly own freehold land in Indonesia, but they can obtain a right to use land ("Hak Pakai") which can be mortgaged under specific conditions.

How is a mortgage registered in Indonesia?

A mortgage must be registered at the local Land Office (BPN) where the land is located to ensure it is legally recognized.

What are the main risks associated with taking out a mortgage in Indonesia?

Main risks include changes in interest rates, non-compliance with legal procedures, and potential legal disputes in foreclosure processes.

Is refinancing a mortgage possible in Indonesia?

Yes, refinancing is possible and involves taking a new loan to pay off an existing mortgage, often to achieve better loan terms.

What should I do if I can't make my mortgage payments?

Contact your lender immediately to explore options such as restructuring the loan or temporary payment relief to avoid foreclosure.

How is the interest rate on mortgages determined in Indonesia?

Interest rates are typically determined by the central bank's policies and the lender's own risk assessment and cost of funds.

What is the maximum loan-to-value ratio for mortgages?

The loan-to-value ratio can vary, but for residential properties, it generally ranges from 70% to 80% of the property value.

Are there any tax implications when securing a mortgage?

There can be registration fees and taxes on financial transactions involved; consulting a tax advisor can be beneficial.

What is the duration typically allowed for mortgages in Indonesia?

Mortgage tenures in Indonesia usually range from 15 to 25 years, depending on the lender and the borrower's profile.

Additional Resources

For additional information, consider reaching out to these resources:

  • Badan Pertanahan Nasional (BPN): The National Land Agency for official regulations and registration processes.
  • Indonesian Financial Services Authority (OJK): Oversees financial institutions and can provide guidance on mortgage financing.
  • Housing Finance Providers: Banks and financial institutions offer insights on products and legal requirements.
  • Legal Aid Organizations: Offer legal assistance and resources for individuals facing mortgage-related legal challenges.

Next Steps

If you need legal assistance with your mortgage in Indonesia, consider taking these next steps:

  • Consult a Lawyer: Seek advice from a lawyer specializing in real estate or mortgage law to discuss your specific situation and options.
  • Gather Documentation: Collect all relevant documents, including mortgage agreements, financial statements, and correspondence with lenders, to facilitate legal consultations.
  • Research Local Law Firms: Look for law firms with a strong reputation in handling mortgage issues and arrange consultations to discuss their services and fees.
  • Stay Informed: Keep abreast of any changes in local laws and regulations that may impact your mortgage.

Lawzana helps you find the best lawyers and law firms in Indonesia through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Mortgage, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

Get a quote from top-rated law firms in Indonesia — quickly, securely, and without unnecessary hassle.

Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.