Official Decision

Reg No 16 / Pdt / 2006 / PT. Dps

Dated 20 February 2006

Case of Appeal in Civil Court

Between

MICHAEL PATRICK DONNELY (Appellant / Respondent)

Versus

NI MADE JATI (Appellee / Claimant)

DECISION

Number 16/ PDT / 2006/ PT.DPS

In Justice Based on God

The Court of Appeals Denpasar that examined and ruled on events based upon data in an appeal at the Judges Council, based upon the official letter to the Chairman of the Court of Appeals Denpasar dated 14 February 2006 number 16/ Pen.Pdt/ 2006/ PT.Dps has reached a verdict as follows:

MICHAEL PATRICK DONNELY, male, age 54 years, citizen of USA, holding passport No. 710218731, residing at Jalan Pengembak Gg III, Sanur, Denpasar, originally as the RESPONDENT, and henceforth known as the side RESPONDENT IN ACCUSATION / CLAIMANT IN ANSWER TO ACCUSATION, in this instance assisted by those entrusted named Mochamad Rifan, SH and I.G.A.R Fajar Harini, SH, attorneys of “Austrindo Law Office” Jalan Setia Budi Komplek Pertokoan Kuta Poleng Blok D2 Kuta, Bali, based on letter of Power of Attorney dated 19 November 2005,

Versus

NI MADE JATI, female, private businesswoman, residing at Jalan Pengembak Gg II Sanur, Denpasar, originally as the CLAIMANT, henceforth known as the side of the CLAIMANT IN ACCUSATION / RESPONDENT IN ANSWER TO ACCUSATION, in this instance assisted by those entrusted named Ida Bagus Wikantara SH, lawyer in the office Law Office FTW Law Firm, address Inna Grand Bali Beach Hotel, Jalan Hang Tuah Sanur, Denpasar, based upon letter of Power of Attorney dated 13 April 2005;

The Court of Appeals as above;

Has read the case file, which consists of the record of the trial and the decision of the National Court Denpasar, together with the documents in connection with the case:

CONCERNING THE FACTS OF THE CASE

The Court of Appeals quotes and gives weight to all information noted in the decision of the National Court Denpasar dated 22 November 2005 Number 119/ Pdt.G/ 2005/ PN.Dps that is as follows;

IN ACCUSATION

• Grants the accusation of CLAIMANT IN ACCUSATION / RESPONDENT IN ANSWER TO ACCUSATION;

• Declares the legality of the marriage that was held according to Hindu religion in Banjar Pengabetan Kuta, Kecamatan Kuta, Kabupaten Badung according as stated in the Marriage Certificate No 299/1996 from the Office of Civil Records Kabupaten Badung Dati II Badung on date 20 September 1996 is legal, and dissolved because of divorce with all legal consequences;

• Declares by law that the CLAIMANT IN ACCUSATION / RESPONDENT IN ANSWER TO ACCUSATION receives custody of the children in the marriage CLAIMANT IN ACCUSATION / RESPONDENT IN ANSWER TO ACCUSATION with the RESPONDENT IN ACCUSATION / CLAIMANT IN ANSWER TO ACCUSATION that are still under age, each named

1. WAYAN SEAN DONNELY;

2. BRENDEN SURYA DONNELY, according to the Family Registration Card No. 255 003/97/03033 dated 3 July 1997 without reducing the right of the natural father to at any time to see the children to give affection;

• Orders the Clerk of the National Court Denpasar to send this official decision that already has the force of law to the Office of Civil Records Kodya Denpasar;

• Lift the Freeze on Marriage Assets that was place by order of the National Court Denpasar date 6, 7, and 8 September 2005 because it is no longer relevant;

IN ANSWER TO ACCUSATION

• Declares that the accusation of the RESPONDENT IN ACCUSATION / CLAIMANT IN ANSWER TO ACCUSATION cannot be received;

IN KONPENSI / REKONPENSI

• Orders the RESPONDENT IN ACCUSATION / CLAIMANT IN ANSWER TO ACCUSATION to pay the court costs that until now are calculated to be Rp 3,319,000;

---Reading the brief explaining the request for appeal that was made and signed before the Clerk of the National Court Denpasar 28 November 2005 that explains that on Monday 28 November 2005 Number 119/Pdt.G/ 2005/ PN.Dps to be examined and decided in appeal;

---Reading the brief of the notification of appeal Number 119/ Pdt.G./ 2005/ PN.Dps made by Jurusita National Court notified properly the request for appeal to Claimant on Monday 19 December 2005;

---Reading the brief of the notification of the examination of the case file Number 119/ Pdt.G./ 2005/ PN.Dps made by Jurusita National Court above, before the case file was advanced to the Court of Appeals it was already given opportunity to read and examine each file to the original Claimant on 19 December 2005 and the original Respondent through his lawyer 20 December 2005;

---Considering, in connection to the request for appeal from the side of the Appellant, until the moment the case was examined and decided by the Council of Judges of the High Court, apparently from the side of the RESPONDENT/ APPELLANT and or his attorney no one entered a document or Brief of Appeal in this case;

REGARDING THE LEGAL DECISION

--- Considering, that because the appellant of the side RESPONDENT IN ACCUSATION / CLAIMANT IN ANSWER TO ACCUSATION / APPELLANT above still is within the proper time limit and according to the proper procedures and conditions described by the law, the Appellant above must formally accept the ruling;

--- Considering, that the Council of Judges of the Court of Appeals have examined and given careful account to the case file together with the decision of the National Court Denpasar dated 22 November 2005 119/Pdt.G/ 2005/ PN.Dps and the documents in connect thereto, therefore the Council of Judges of the Court of Appeals can agree with and confirm the decision of the Council of Judges of the National Court, because in the decision has already been weighed with care and correctly all facts and considerations that form the basis for the decision;

--- Considering, that the facts and considerations of the Council of Judges of the National Court can be agreed upon and form the basis for the facts and consideration of the Council of Judges of the Court of Appeals itself to decide this case in appeal;

--- Considering, that based upon the considerations and reasoning as described above, therefore the Council of Judges of the Court of Appeals draw the conclusion and find that the decision of the Court of Appeals dated 22 November 2005 119/Pdt.G/ 2005/ PN.Dps above can be retained and confirmed both in the Konpensi and Rekompensi in the court of appeal;

--- Considering, that because the RESPONDENT IN ACCUSATION / CLAIMANT IN ANSWER TO ACCUSATION / APPELLANT remains the side at loss in the case, therefore he is order to pay all court costs that have arisen in both levels of the court;

--- Considering, all laws and regulations that apply as well as sections of the code

RULING

• Accept the request for appeal from the RESPONDENT IN ACCUSATION / CLAIMANT IN ANSWER TO ACCUSATION / APPELLANT

• Confirm the decision of the National Court dated 22 November 2005 119/Pdt.G/ 2005/ PN.Dps both in the Accusation and Answer to Accusation;

• Rule that the RESPONDENT IN ACCUSATION / CLAIMANT IN ANSWER TO ACCUSATION / APPELLANT must pay all court costs that have arisen in both levels of the court, that in the court of appeal are to the total of Rp 250,000;

---Such is the decision in meeting of the Council of Judges of the Court of Appeals on MONDAY, 20 FEBRUARY 2006 by GUSTI MADE LINGGA, SH, Chairman of the Court of Appeals Denpasar, representing Chairman of the Council NY MISWARI ISMIJATI, SH. MH and SOEBAGIO WIROSOEMARTO SH.M.Hum. as assisting judges in the decision announced in open court on the same day and date also accompanying the assisting judges by I KETUT SUDARSANA SH as Substitute Clerk of the Court not attended by the two sides of the case.