Best Mortgage Lawyers in Jakarta

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MA&P Lawyers

MA&P Lawyers

Jakarta, Indonesia

Founded in 2014
5 people in their team
Indonesian
English
We are a prime service law firm oriented and our legal services specialized intended to resolve the dispute through litigation procedure and alternative dispute resolution. Our comprehensive services aiming in client satisfaction and giving high commitment of quality. Our law firm is supported with...
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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 in several practice areas of law, such as family law, corporate law, agrarian law, property law, etc. We work transparently to explain how Indonesian law can solve your case so far,  so you can decide what you want to do or make your plan before taking legal...
Advokat Aslam Fetra Hasan SH CLA CPLS CCCE CCLS

Advokat Aslam Fetra Hasan SH CLA CPLS CCCE CCLS

Jakarta, Indonesia

Founded in 2013
3 people in their team
Indonesian
SCOPE OF SKILLSAslam Advocate SH CLA CPLS CCCE CCLS is an expert and experienced in the field of Property and financial transactions.Financial and property transactions are among our strongest areas of practice. Our expertise in handling several financial and property transaction projects provides...
SSEK Legal Consultants

SSEK Legal Consultants

Jakarta, Indonesia

Founded in 1992
120 people in their team
English
Indonesian
SSEK Legal Consultants was established in 1992 and is now one of the largest independent corporate and commercial law firms in Indonesia and one of the most highly regarded law firms in the country. SSEK is a full-service law firm and advises multinationals and domestic companies across a range of...
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About Mortgage Law in Jakarta, Indonesia

Mortgage laws in Jakarta, Indonesia are primarily regulated by the Hypothec law. This law specifies that a mortgaged property stays in the possession of the mortgagee and only serves as collateral for the loan. The law sets guidelines on the application, registration, execution, and settlement of mortgage transactions effectively. Also, it is important to note that while Indonesia's law permits foreigners to purchase property, there are limitations especially for residential homes.

Why You May Need a Lawyer

A lawyer becomes invaluable while dealing with mortgages in Jakarta as these transactions typically involve significant amounts of money and strict regulatory requirements. Common circumstances where you may require a lawyer include disputes over contracts, conflicts in terms of mortgage agreement, foreclosure issues, risk management, and navigating the complexities of Indonesian property laws, especially for foreign investors. In addition, lawyers can ensure that your rights are protected throughout the transaction process.

Local Laws Overview

The principal regulation governing mortgage loans in Jakarta is the Hypothec law No. 4 of 1996. Under this law, the inscription, or the registration of the mortgage is only acknowledged if it is registered with the Land Deed Official. Also, Indonesian law restricts foreign ownership of Indonesian land. Therefore, foreigners cannot hold a Hak Milik (freehold) title but can legitimately have a Hak Pakai (Right to Use) under a mortgage clause. This regulation also requires that any dispute related to mortgages should be resolved in Indonesian courts.

Frequently Asked Questions

What are the requirements for obtaining a mortgage in Jakarta?

Requirements usually include a valid identity proof, proof of income, tax number, and marital status documentation.

Can a foreigner get a mortgage in Jakarta?

Yes, foreigners can get a mortgage in Jakarta. However, they can only obtain 'Right to Use' (Hak Pakai) title under the mortgage clause.

What happens when a borrower fails to repay a mortgage in Jakarta?

Failure to repay a mortgage may lead to foreclosure followed by a public auction of the collateral property to repay the loan.

Is it possible to refinance a mortgage in Jakarta?

Yes, refinancing options are available, subject to financial institution policies and borrower eligibility.

How are mortgage interest rates determined in Jakarta?

Interest rates are set by individual banks and are subject to the Indonesian central bank's regulation.

Additional Resources

The Directorate General of Taxation offers comprehensive information on tax-related issues. The Association of Indonesian Mortgage Companies is great for exploring different mortgage options while the Indonesian Financial Services Authority is useful for financial regulation and guidelines.

Next Steps

Identify local law firms specializing in property law and arrange for consultations. Talk with multiple firms to ensure you find one that understands your needs and fits your budget. Reaching out to resources like the Association of Indonesian Mortgage Companies could also help to understand your options better.

Lawzana helps you find the best lawyers and law firms in Jakarta 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 Jakarta, 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.