Purbalingga Religious Court Decision No. 311 of 2014: Murabahah Sale-Purchase Agreement

Pursuant to a murabahah sale-purchase agreement, the defendant had obtained a murabahah loan facility valued at IDR 142,400,000: IDR 80 million in gains, with the bank’s profit margin being IDR 62.4 million. The period of the loan was 60 months, commencing on 21 October 2011 (signing date) and ceasing on 21 October 2016. The defendant was to use the finance to purchase 360 m2 of land in Patemon, Purbalingga. The plaintiff submitted that the defendant had defaulted on the loan, that it had served the defendant with several reminder notices, and that despite providing the defendant with yet another opportunity to make the necessary repayments, the defendant had failed to do so. The plaintiff made several other attempts, such as billing the defendant, sending a reminder, as well as approaching the defendant through his family. The defendant’s inaction forced the plaintiff to lodge an application with the court, pursuant to art 49(i) of Law No. 3 of 2006 on Amendments to Law No. 7 of 1989 on the Religious Judiciary, in conjunction with art 55(1) of Law No. 21 of 2008 on Shari’a Banking.

The plaintiff requested that the court secure the defendant’s property against the debt owed, that it declare the original agreement valid, that it find the defendant in breach for default, and that it order the defendant to pay to the plaintiff in material damages IDR 138,456,468.

Despite being summonsed to attend the proceeding, the defendant failed to do so. In the defendant’s absence, the court declared the agreement valid, and ordered the defendant to pay to the plaintiff IDR 138,456,468 in material damages, as well as court costs (IDR 491,000).

FirstPreviousPage 1 of of 12NextLast