THE DECISIONS OF THE DISTRICT COURT AND THE COURT OF APPEAL WHICH LACK SUFFICIENT CONSIDERATION MUST BE ANNULLED.

In 1948, Karijoredjo passed away leaving the Plaintiff as the sole heir. Karijoredjo left a plot of land. To reduce taxes, the land was entrusted to Kertodimedjo who passed away in 1941. However, the land was controlled under Kertodimedjo’s children (Defendants I-III) and they sold the land to Defendant IV without the knowledge and permission of the Plaintiff.

At the cassation level, the Supreme Court decided to accept Defendant IV’s appeal and overturned the decisions of the District Court and the High Court on the grounds that the decisions of the District Court and the High Court were both insufficiently considered (onvoldoende gemotiveerd) because the Supreme Court was of the opinion that the Decision of the District Court, which was upheld by the Decision of the High Court, did not assess the denials and evidence of the Defendants in both the Convention and Reconvention, so the Supreme Court tried this case itself.

–> Supreme Court Decision No. 638 K/Sip/1969, dated July 22, 1970.

Source:

https://jdihn.go.id/files/1276/Yurisprudensi-Mahkamah-Agung-RI-No-638K-SIP-1969-Tahun-1970.pdf

Salam Pancasila,

Fredrik J. Pinakunary