Rabu, 05 September 2012


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

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

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