Based on the filing of a Memorandum of Appeal by Rochela Suma’mur on March 16th 2023, which Novian & Partners received from the Registrar’s Office of the South Jakarta District Court on April 4 2023, regarding the Verdict of the South Jakarta District Court No. 450/Pdt.Bth/2022/PN.Jkt.Sel dated February 6th 2023, Joko Supriyanto through Novian & Partners submitted a Contra Memorandum of Appeal on May 2nd 2023 as in accordance with the time limits and according to the methods determined by the Law, based on the following reasons:
That basically the legal considerations given by the Panel of Judges at the South Jakarta District Court in their Verdict No. 450/Pdt.Bth/2022/PN.Jkt.Sel dated February 6th 2023 is correct and appropriate, and is in accordance with the juridical facts that actually occurred and were revealed at trial. Therefore, the A quo decision is in accordance with applicable legal provisions and fulfills the sense of justice as stated in the instructions “For the sake of justice based on the Almighty of God.”
As for the main case as stated in the Resistance’s Posita A quo and as the main case in Civil Case No. 601/Pdt.G/2015/PN.Jkt.Sel dated October 8th 2015 has been examined, tested and decided by the Panel of Judges at the South Jakarta District Court up to the Panel of Supreme Judges at the Supreme Court of the Republic of Indonesia as stated in the Verdict of the Supreme Court of the Republic of Indonesia No. 216 PK/Pdt/2020 dated June 18th 2020, Verdict of the Supreme Court of the Republic of Indonesia No. 2115 K/Pdt/2018 dated October 8th 2018 Jo. Verdict of the South Jakarta District Court No. 601/Pdt.G/2015/PN.Jkt.Sel dated October 20th 2016, which basically stated that the auction had been carried out in accordance with the procedures stipulated by statutory regulations and the auction price was a fair price. So it is proven that the Appellant’s Resistance is Ne Bis In Idem.
Regarding the Memorandum of Appeal and the Contra Memorandum of Appeal, it has been decided according to the DKI Jakarta High Court Verdict No. 852/PDT/2023/PT.DKI dated October 3rd 2023 with a ruling Strengthening the Verdict of the South Jakarta District Court Number 450/Pdt.Bth/2022/PN Jkt.Sel dated February 6th 2023.
