Bandung High Religious Court Decision No. 228 of 2015: Appeal Against the Auction of Leveraged Property Dismissed

The appellant sought to challenge Cirebon Religious Court Decision 0310/Pdt.G/2014/PA.Cn, dated 7 May 2015, which had dismissed his claim in full and ordered him to pay costs (IDR 2,151,000). Principally, the appellant objected to the conduct of the three respondents, who had auctioned his property, the plaintiff submitted, contrary to the terms of the appellant's agreement with the first respondent.

In dismissing the appeal, the court found that the agreement between the appellant and the first respondent was halal as it met the contractual requirements stipulated in art 1320 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata). Moreover, pursuant to art 13(1) of the agreement, the first respondent was correct to declare that the appellant had defaulted on the agreement, and, pursuant to art 13(2), was therefore entitled to provide the appellant with reminder notices. When the appellant failed to act on these reminder notices, the court found that the first respondent was entitled to make efforts to remedy the default, pursuant to art 16(1)(a) of the agreement, and one of those ways was to auction the appellant's leveraged property, pursuant to art 19 of the agreement.

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