PAYABLE AND RECEIVABLE AGREEMENTS CONTAINING BEDING PROPERTY CLAUSES ARE PROHIBITED BY LAW

Whereas based on Article 1178 of the Civil Code, the debt and receivable agreement between the Plaintiff and the Defendants which contains a clause that the Defendants will hand over a plot of land and its building with Certificate of Ownership Number 00061, if the Defendants cannot pay off the debt is an agreement that is prohibited by law (clause belonging to the bed), so that the debt and receivable agreement between the Plaintiff and the Defendants is null and void.

A debt and receivable agreement that contains a property clause is an agreement that is prohibited by law. The Power of Attorney to sell on the basis of an agreement containing a property clause is null and void by law.

Source:

Supreme Court Decision No. 2182 K/Pdt/2019 Dated 26 August 2019, can be accessed at

https://putusan3.mahkamahagung.go.id/direktori/putusan/17c84fb1b47e4a0d2b5346593a5f3af8.html.

Regards,

Fredrik J. Pinakunary