Indonesian Supreme Court Decision No. 362 of 2013: Financing Seizure Appeal Upheld

The cassation applicant sought to challenge Decision: 46/Pdt.G/2012/PTA.Pdg of the Padang High Religious Court (lower court) on the grounds that it incorrectly applied the law. More specifically, it objected to the lower court's finding that it was not authorised to empty and auction the cassation respondent's home. The cassation applicant submitted that even after it had afforded the cassation respondent the opportunity to restructure its finance agreement, the cassation respondent was still unable to make the necessary repayments, despite being served with three subsequent written reminders.

The Supreme Court concurred with the cassation applicant's submission that the lower court had erred in its application of the law. It acknowledged the efforts made by the cassation applicant to assist the cassation respondent, and found no reason at law for the agreement between the parties to be avoided.

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