Today’s Legal Enlightenment (Friday, November 19, 2021)-POSTPONEMENT OF THE EXECUTION OF THE COUNTERPART ORIGINAL OF MORTGAGE BECAUSE THERE IS A LAWSUIT FOR THE ANNULMENT OF THE CREDIT AGREEMENT
Credit agreement made abroad and set forth in a Notary Deed abroad which is then continued in Indonesia by making a Debt Guarantee Agreement in the form of a Counterpart Original of Mortgage. Because the debtor is in default, the creditor asks the District Court to execute the Counterpart Original. However, because at the same time the debtor is suing the creditor to annul the Credit Agreement, the application for the Counterpart Original of Mortgage must be POSTPONED UNTIL THERE IS A FINAL AND BINDING DECISION on the invalid lawsuit of the Credit Agreement submitted by the debtor.
Supreme Court Decision No. 641 K/Pdt/1993 dated June 27, 1996
Regards,
Fredrik J. Pinakunary