Contemporary Primary Sources :: Court Cases :: 12 Jumādā II 1437 / 21 March 2016
Wonosari Religious Court Decision No. 36 of 2016: Parties Ordered to Adhere to Deed of Reconciliation
Pengadilan Agama Wonosari, Posted by Daniel Peterson, 13 May 2016
The court ordered the parties to adhere to the deed of reconciliation (akte perdamaian) reached during mediation, the conditions of which were:
- that the first and second parties had executed a multi-service rental agreement, dated 25 July 2014;
- that, pursuant to Civil Case Complaint No: 0036/Pdt.G/2016/PA.Wno, the quantum of damages payable by the second party to the first party was IDR 42,535,000, but, based on the outcome of mediation between the parties, the amount to be repaid by the second party is IDR 30,000,000;
- that, pursuant to that agreement, the second party had guaranteed to the first party the deed of title of a 332m2 Yogyakarta property belonging to the first co-defendant;
- that the second party would make monthly repayments, the first of which would be IDR 2 million, the second to 10th of which would be IDR 3 million, to be paid on the 25th day of each month, with a final repayment of IDR 1 million payable on 25 January 2017;
- that if the second party defaulted, the Yogyakarta property would be seized and sold to discharge the debts of the second party to the first party;
- that if the second party discharged all his debts to the first party then the first party would return the deed of title to the property;
- that these terms will be included in the court's decision, and the parties are obliged, in good faith (itikad baik), to implement the aforementioned terms of reconciliation;
- that the parties agree for this deed of reconciliation to be affirmed in a court decision.