RECONCILIATION AGREEMENT WITHOUT INCLUDING THE REVOCATION OF CASSATION IS ONLY BINDING FOR THE PARTIES WHO SIGN IT, BUT WILL NOT ALTER THE COURT DECISION.

This case is about a challenge to the execution of a plot of land in West Java that has been subject to a Stipulation from the District Court and an Execution Seizure has been executed. Upon the issuance of the Stipulation, the Plaintiff became aware that the Stipulation was the implementation of the execution of the verdict of ‘verstek’ without the presence of the Defendant, and it turned out that the area where the execution seizure was placed also included the area of the land owned by the Plaintiff.

At the District Court level, the counterclaim was rejected, then the Plaintiff filed an appeal to the High Court where the appeal was granted and declared that the District Court’s decision must be annulled. The Defendant did not accept the appeal and filed a cassation to the Supreme Court, where the Supreme Court rejected the cassation, with the consideration that even though before the decision at the cassation level some of the Defendants have agreed on a reconciliation with the Plaintiff, there was no request to revoke the cassation. Therefore, the settlement is only binding for the parties who signed it and does not change the decision.

–> Supreme Court Decision No. 3706 K/PDT/2016, dated February 13, 2017.

Source:
https://putusan3.mahkamahagung.go.id/direktori/putusan/e36a74b517d9d302bbfb47b496d67fc2.html

Salam Pancasila,
Fredrik J Pinakunary