Aceh Shari'a Court Decision No. 31 of 2009

The Banda Aceh Shari'a Court (lower court) had stipulated the parties' joint assets as two parcels of land, the proceeds from the sale of a vehicle (IDR 50 million), and two motorcyles. It ordered the parties to ensure these assets were split 50/50.

The appellant, however, claimed that the lower court was incorrect to dismiss his claim that a debt owed by both parties to Bank BPD Aceh of IDR 50 million was also a joint debt. The lower court had reasoned that because the appellant had repaid that debt on 12 September 2006 by taking out another loan of IDR 60 million, that the loan had been repaid. The Court disagreed, stating that additional loan did not release the respondent from her joint-obligation with the appellant to repay the debt.

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