PEACE AGREEMENT WITHOUT REVOCATION OF CASSATION IS ONLY BINDING FOR THE PARTIES WHO SIGN IT BUT DOES NOT CHANGE THE VERDICT.

This case relates to a challenge to the execution of a piece of land in West Java that has been subject to a Stipulation from the District Court and an Execution Seizure has been executed. After the District Court issued 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 opposition lawsuit was rejected, then the Plaintiff filed an appeal and the Court of Appeal granted the appeal and declared the District Court’s Stipulation void. The Respondent did not accept and filed a cassation, but the Supreme Court rejected the cassation, among others, with the consideration that even though before the decision at the cassation level some of the Respondents/Case Petitioners agreed on peace with the Complainants/Case Petitioners, 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 verdict.

–> 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