Balikpapan Religious Court Decision No. 776 of 2011: Property Claim Failed

The parties' deceased parents owned a 5.25 ha property. On 20 December 1971, the parties' parents executed a document transferring ownership of that property to the defendant, who was their oldest child. The plaintiffs submitted that, around the time the document was executed, the parties' parents had explained that ownership of the property had been transferred to the defendant because he was deemed competent, willing and able to fulfil their wishes and share the property with his siblings if and when the parties' parents passed away. On 17 October 1995, the parties' father executed a document for the equal division of the property to the parties and, prior to his passing, divided the property accordingly. The plaintiffs submitted that the defendant's subsequent conduct ignored their father's dying wishes, and sought from the court a ruling declaring the defendant's conduct unlawful, and distributing the property in accordance with the 17 October 1995 document.

The defendant submitted that he had owned the property since 1968, after providing consideration of IDR 400,000 to its previous owner.

The court found that the plaintiffs' claim failed, however, because it did not clearly state the religion of the deceased and beneficiaries, nor did it state when the deceased had passed away.

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