Best Mortgage Lawyers in Indonesia

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English
Aulia Firdaus Law Firm specializes in criminal defense, civil litigation and tax related legal matters, delivering comprehensive services to individuals and corporate clients from its Medan office and beyond. The firm handles criminal matters under Hukum Pidana, civil matters under Perdata, tax...

English
NOTARIS PPAT BUDI HARIYANTO, S.H., M.Kn., located in Bumi Harapan, Kecamatan Sepaku, Kabupaten Penajam Paser Utara, Kalimantan Timur, Indonesia, offers comprehensive notarial services. The firm is dedicated to upholding the highest standards of integrity, discipline, and morality in all its...
PT LOMBOK LEGAL CONSULTANTS
Jakarta, Indonesia

Founded in 2022
English
PT Lombok Legal Consultants, established in 2022, is a premier legal consultancy firm based in Lombok, Indonesia. The firm offers a comprehensive suite of services, including business setup assistance, notary services, visa processing, and real estate transactions. Their team of certified...

12 people in their team
English
Kantor Hukum Irfan Disnizar Dan Rekan (IDPLAW) is a Bandung-based law firm delivering integrated legal services for business and corporate needs. The firm provides advisory and transactional support across corporate and civil matters, including contract governance, due diligence for initial public...
FADHLI & CO. LAW OFFICE
Surabaya, Indonesia

English
FADHLI & CO. LAW OFFICE is an independent law firm in Indonesia, founded by Muhammad Fadhli, S.H., an alumnus of Universitas Trisakti Jakarta. The firm offers comprehensive legal services and consultations to a diverse clientele, including individuals and corporations. With extensive experience in...
Hendrik Harsono Njoto Law Office
Surabaya, Indonesia

Founded in 2015
English
Hendrik Harsono Njoto Law Office, established in 2015, is a prominent law firm based in Surabaya, East Java. The firm offers a comprehensive range of legal services, including corporate law, bankruptcy and suspension of payment (PKPU), criminal law, intellectual property rights, banking and...

8 people in their team
English
Kantor Advokat / Pengacara Abdulloh Aziz & Rekan is a Tasikmalaya-based law firm offering comprehensive general legal services in Indonesia. The firm provides services in both litigation and non-litigation matters, with a focus on protecting clients' rights under the principle of equality before...

Founded in 2006
English
Agus Amri & Affiliates (AAA) is a distinguished Indonesian law firm headquartered in Balikpapan, Kalimantan Timur, with a clear focus on corporate and commercial work and sophisticated dispute resolution. The firm is built on a foundation of experienced practitioners who deliver practical,...
ERS LAW OFFICE
Jakarta, Indonesia

English
ERS Law Office, officially known as Law Firm ERS and Partners (ERSP), is a registered legal entity under the Ministry of Law and Human Rights of the Republic of Indonesia. The firm is dedicated to delivering comprehensive legal solutions to individuals, businesses, and organizations, emphasizing...
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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.

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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.