Based on the Memorandum of Appeal submitted by the Appellant dated September 30th 2022 which the Appellant received from the Registrar of the West Jakarta District Court on Thursday October 13th 2022 regarding the Decision of the West Jakarta District Court No. 1092/Pdt.Bth/2021/PN.Jkt.Brt dated September 7th 2022, Drs. H. Ade Swara through Novian & Partners submitted a Contra Memorandum of Appeal on October 28 2022 as per the time limit and in accordance with the methods determined by law, with the following reasons:
First, the Appellant’s argument is wrong and illusive, because basically the legal considerations given by the Panel of Judges at the West Jakarta District Court in the A quo case decision are correct, so that the Appellant’s argument states that the Appellant’s lawsuit is not Nebis In Idem is wrong and illusive, because the decision of the Panel of Judges at the West Jakarta District Court determines that the entire cumulative requirements of the Nebis In Idem criteria have been fulfilled in relation to the A quo lawsuit as follows: District Court Decision accepted by both parties in the case, Peace Decision, the Verstek Decision against which no Verzet or appeal was filed, the High Court Decision which was accepted by both parties and no cassation was requested, and the Supreme Court Decision in the event of a cassation, is in accordance with the provisions of Article 178 HIR, Article 184 paragraph (2) HIR, and Article 50 paragraph (1) Law no. 48 of 2009 concerning Judicial Power.
Therefore, what is being sued by the Appellant in the A quo case, has been previously litigated and has permanent legal force by the Supreme Court of the Republic of Indonesia in accordance with the Verdict of the Supreme Court of the Republic of Indonesia No. 900 PK/Pdt/2020 dated December 28th 2020, so that any excuse put forward by one of the parties to set aside legal certainty must not be given a chance in the law enforcement system in Indonesia (vide. Decision of the Sidarap District Court No. 30/Pdt.Bth/2017 /PN.Sar dated 22 January 2018 Jo. Makassar High Court Decision No. 288/PDT/2018/PT.MKS dated 16 October 2018 Jo. RI Supreme Court Decision No. 1564 K/Pdt/2019)
Second, the objections outlined by the Appellant in their Memorandum of Appeal are merely repetitions of the arguments of the lawsuit in the A quo case, and also repetitions of the arguments in the original case which have been properly tested and have permanent legal force.
Regarding the Memorandum of Appeal and the Counter Memorandum of Appeal, it has been decided according to the DKI Jakarta High Court Verdict No. 504/PDT/2023/PT.DKI dated 7 September 2023 with a ruling Strengthening the decision of the West Jakarta District Court No. 1092/Pdt.Bth/2021/PN.Jkt.Brt dated September 7th 2022 which is requested for appeal.
