Court verdicts obstruct the law<\/p>\n
We are the representative lawyers of a Bank, acting as the
\nplaintiff.<\/p>\n
There are three verdicts of the South Jakarta District Court
\nwhich make us very disappointed.<\/p>\n
First, the Court issued a verdict in favor of a third party
\nwho was not a party involved in a case. Supreme Court
\njurisprudence states that a judgment only has an implication for
\nthe parties concerned.<\/p>\n
This is the summary of the case: where A is the Bank creditor
\nand B is the debtor company. The latter never paid their debt. C
\nis the company which is not party to the case.<\/p>\n
In the credit agreement it is stipulated that, for as long as
\nthe credit agreement is valid, the debtor is not allowed to lend
\nthe money to any other party without first obtaining written
\npermission from the creditor.<\/p>\n
In court, B (debtor) made an admission to the effect that
\nmoney had been lent to a third party (C) without the creditor's
\napproval. The court then ruled that B is exempted from paying A
\nbecause B lent the money to C. How illogical!<\/p>\n
The second and third verdicts relate to the following. A is a
\nBank creditor, while E and F are debtors. When we summoned the
\ndebtors they replied that the credit is a swap loan and had been
\nsettled by the Indonesian Bank Restructuring Agency (IBRA). When
\nwe confirmed these details with IBRA, they replied that no swap
\nloan existed in this case, and we were authorized to collect the
\nmoney from the debtors.<\/p>\n
Based on IBRA's letter we decided to file a lawsuit against
\nthe debtor via the District Court.<\/p>\n
At the conclusion of proceedings I stressed to the presiding
\njudges that a swap loan had never existed in this case, which the
\njudges asked the Registrar to note in the transcript of the
\nproceedings.<\/p>\n
In the end the South Jakarta District Court rejected our
\nclaim, insisting that the legal basis for their decision was the
\nswap loan.<\/p>\n
The Court's judgments have only served to obstruct the law.<\/p>\n
TUMBUR SIMBOLON<\/p>\n
Legal Consultant<\/p>\n
Jakarta<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/court-verdicts-obstruct-the-law-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }