Magelang Religious Court Determination No. 87 of 2016: Application For Breach of Contract Withdrawn

The parties had entered into a murabahah financing agreement (dated 30 August 2014), the defendant leveraging a 157mproperty owned by the co-defendant. Pursuant to the agreement, the defendant received IDR 200 million, which he intended to use to purchase an industrial factory. The agreement contained a margin provision for IDR 8 million per month for three months, making the total contract price IDR 224 million. The defendant agreed to pay to the plaintiff IDR 8 million per month for three months, and then the principle sum of IDR 200 million on 30 November 2014. The defendant, however, failed to repay the principle sum by the stipulated date and, by 25 Feburary 2016, was IDR 330,760,000 in arrears. Pursuant to arts 1267 and 1243 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata), the plaintiff sought IDR 380,760,000 in material damages, and an additional IDR 20 million in immaterial damages (total: IDR 400,760,000), for breach of contract.

After receiving counsel from the court, however, the plaintiff elected to withdraw its application.

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