“BREACH OF CONTRACT RELATED TO THE SALE OF LAND AND SHOPHOUSES WHERE HOMOLOGATION HAS BEEN HELD IS A MATTER OF CIVIL LAW AND IS NOT A CRIMINAL
ACT”

Case resume:
The defendant was prosecuted because they were deemed to have violated the provisions of Article 62 paragraph (2) Jo. Article 16 letters a, b of
the Consumer Protection Law for failing to keep promises regarding the sale and purchase of land and shophouses to the reporting witness.
 
The defendant’s actions charged by the Public Prosecutor were proven, but the act was not a crime, so they were released from all charges.

 
Judges’ Consideration:
Agreement between PT. SC Tbk with the reporter is in the realm of civil law.
 
PT. SC Tbk has been declared bankrupt, and based on the bankruptcy decision, homologation has been held between the Bankrupt Debtor and the Creditors,
including the reporting witness.
 

Decision No. 151 PK/Pid.Sus/2011
 
Source:
Article entitled: “Judges’ Considerations Regarding Loading Arbitration Clauses in Bankruptcy Cases,” by: Aida Mardatillah, Hukumonline.com, 22 February
2023
 
Best regards
Fredrik J. Pinakunary