AUTHORIZED DISTRICT COURT IS AUTHENTIC TO ADDRESS APPLICATION FOR THE CANCELLATION OF STATEMENT OF APPROVAL OF POLICY CLAIM PAYMENT OUTSIDE OF POLICY CONTRACT WHICH SETTLEMENT IS AGREED THROUGH ARBITRATION
The Supreme Court is of the opinion that these objections are justifiable because Judex Factie has been wrong in applying the law where the plaintiff’s claim is regarding the request for cancellation of the Statement of Agreement for payment of claims on behalf of PT. WINTRAD JAYA ex Policy No. 88.10.03.11.09159 itself.
Because of this, the reason for Judex Factie’s assertion that they are not authorized to adjudicate this case is incorrect, because the contract has agreed to a settlement through arbitration.
Whereas the approval for the Claim Payment, its position is outside the Policy Contract, so that if there is a dispute about it, the district court has the authority to adjudicate the dispute.
Based on the considerations above, there are sufficient reasons for the Supreme Court to grant PT’s cassation request. WINTRAD JAYA, which in this case is represented by its attorney Prof. Mr. Dr. S. Gautama and to cancel the decision of the Jakarta High Court dated 16 June 1995, No. 128/Pdt/1995/PT.DKI., which has strengthened the decision of the South Jakarta District Court dated January 13, 1995, No. 336/Pdt.G/1994/PN.Jkt.Sel.
—>Supreme Court Decision No. 1155 K/Pdt/1996 dated 17 December 1997.
Source:
http://putusan.danlevlibrary.net/sites/default/files/Putusan%20MA%20No.%201155%20K-Pdt-1996.pdf
Regards,
Fredrik J Pinakunary