Jakarta, 2018. Our firm has successfully defends our client, PT Country Garden Real Estate Indonesia, over a civil claim of breach of contract.
The main claim by the Claimant in this case, is a demand that the Defendant i.e. our client, to be declared as conducting a breach of contract since the Defendant has unilaterally cancelled the agreement and has not paid the agreed cancellation fees. The dispute centers on whether or not there is a valid agreement between the parties.
The panel of the judges considers that there is no agreement between the Claimant and Defendant as set forth in Article 1320 of Indonesian Civil Code, namely agreement to be bound. There are several reasons outlined, among others, the parties are still negotiating and the attachment of terms and conditions of the agreement has not been executed. Accordingly, the panel of judges declines the claim by the Claimant. This decision of District Court of Jakarta Barat was made in 2018 and then upheld by the High Court of DKI Jakarta in 2020. Responding to the court’s decision, Ivor Pasaribu says, “This is an interesting dispute on offer and acceptance related to the agreement, particularly, when an agreement is considered to be reached.”
Leks&Co is recommended on commercial dispute resolution by Legal500, asialaw Profiles, and Benchmark Litigation. One Client said, as quoted by Benchmark Litigation 2019, “In my experience, the law firm’s litigation team often thought out of the box and was very professional with extraordinary legal service execution.”
If you have any queries, you may contact us through query@lekslawyer.com, visit our website www.lekslawyer.com or visit our real estate law blogs i.e., www.hukumproperti.com and www.indonesiarealestatelaw.com
