Contemporary Primary Sources :: Court Cases :: 28 Jumādā II 1437 / 6 April 2016
Wonosari Religious Court Decision No. 110 of 2016: Parties Ordered to Adhere to Deed of Reconciliation
Pengadilan Agama Wonosari, Posted by Daniel Peterson, 13 May 2016
The court ordered the parties to adhere to the terms of the deed of reconciliation (akte perdamaian), dated 21 March 2016, which were:
- that the parties had executed a musyarakah agreement on 27 June 2013;
- that, pursuant to Civil Case Complaint No: 0110/Pdt.G/2016/PA.Wno, the quantum of damages payable by the second party to the first party was IDR 67,407,000, but, based on the outcome of mediation between the parties, the amount to be repaid by the second party is IDR 38,500,000;
- that based on musyarakah agreement No: 04524/LPDB/BMT-DI/MSA/27/VI/2013, dated 27 June 2013, the second party provided to the first party as collateral the deed of title to the co-defendant's 1,421m2 Yogyakarta property;
- that the second party had agreed to repay the contract price in monthly IDR 2 million instalments, on the 30th date of every month, from March 2016 until July 2016, the sixth repayment being IDR 28.5 million, due on 31 August 2016;
- that if the second party defaulted, the first party was entitled to seize and sell the property to discharge the debts of the second party;
- that if the second party had discharged his debts to the first party, then the deed of title to the property would be returned to the second party;
- that all court costs relating to civil case no: 0110/Pdt.G/2016/PA.Wno would be borne by the first party;
- that these terms will be included in the court's decision, and the parties are obliged, in good faith (itikad baik), to implement the aforementioned terms of reconciliation;
- that the parties agree for this deed of reconciliation to be affirmed in a court decision.