Dear Mrs.aisha
Thank
you for instructing us to the above matter .you have requisted a legal opinion
concering your debt repayment issue and its legal strategy with regard to the
contract.
Our
opinions and advice set forth below are based upon your accont of the
circumstances giving rise to this
dispute,a summary of wich is as follows.
Based
on your information ,we understand that
you got owed to mr.hanafi in the amount
of IDR 100.000.000- in which its was duile to be repaid on 25 april
2012.mr hanafi on the due date agreed that you could justr repay
Rp.85.000.000-.but sunddely Mr hanafi. On
30 april 2012 demanded repayment of the whole Rp.100.000.000.-
The
legal issue seems to be an inconsistency of amendment agreement performance, known as wanprestatie (dutch)
regarding his agreement in which mr. hanafi was agreed to change the
bill into in the amount of IDR.85.000.000.-
The
section which is relevant for present purposes provides that mr Hanafi cannot
change his amendment agreement (clause) he already decided regarding the
repayment discount .
The section makes express reference to push mr. hanafi to accept your repayment
based on his own deision that you could just repay Rp.85.000.000-cause of no
compulsion the rein but purely based on
his willingness.
As
the law stands at present ,the Indonesia civil code stipulates:
Article
1337:
A
cause is not permissible if it is by law, or if it violates good conduct ,or public order .
Article
1388 .
1. all
legally executed agreements shall bind the individuals who have concluded them
by law.
2. They
cannot be revoked otherwise than by mutual agreement ,or pursuant to reasons
which are legally declared to be sufficient
3. They
shall be executed in good faith
Referring to previos case or court
verdict that party who breach the agreement he made was convicted of
violating the contract to fulfill the
which have been made “We have
not found cases or interpretation of
this law which argue that a change was based on mutual consent can be canceled
moreover unilaterally.
herewith
above an agreement is completed on 25 april 2012, so other
claim after 25 april is not agreeable.
herewith the said case is according to jurisprudence as below: .......
We therefore
believe that you are in the right side and protected by law. however, problem
may arise is:
In the event of
the agrement and its change was supported by written clause or witnessed by two
peoples then you are under the legal protection. but ,in the event of there are
no supporting proof the case seems to be herder to be settled. In light of the
aforesaid, you have several courses of action/alternatives/ options open to
you.
1.
We can in
vite him to settle the case through deliberate amicable way.
2.
We can also sue him in cuort with the risk of defeat
if we do not have any supporting proof eligible witnesses under the
law.onvenience. Please contact
Thanks your trust
to us.
I await
instruction at your earliest convienience. Please contact us if you have any
questions about the matter here discussed, or any other issues.
Saturday,15 Juny, 2012
Best regard
Mr. Dadang Sumarna, SH
Mr. Dimas
wicaksono, SH
Mr. Aziz Fahri Pasaribu, SH
Mr. Kalimi, SH