DOCUMENTS: Extraordinary Appeal

Extraordinary Appeal 2009 (Translation below)


The Decision of the Mahkamah Agung in 2007 was a Final Decree. Made Jati filed an Extraordinary Appeal in 2008, which does not delay or suspend the Final Decree of the Mahkamah Agung. The Mahkamah Agung rejected Made's Extraordinary Appeal in 2009.



Ruling in Extraordinary Appeal No 343 PK/ Pdt/ 2008

Request by Made Jati to overturn Decision of the Supreme Court of Indonesia No 1428/ Pdt/ 2006 because of gross error or blunder of law.

Ruling on Page 21 of 22 states:

In Consideration, that regarding all the above reasoning for requesting an Extraordinary Review, the Supreme Court makes the finding:

Regarding the arguments 1 through 12:

That the arguments cannot be accepted, because judex facti did not commit an gross error or blunder and there is no new evidence;

In Consideration, that based on the above consideration the Extraordinary Appeal requested by the Petitioner: NI MADE JATI has no foundation and must be denied.

In Consideration, because the Extraordinary Appeal is denied, the Petitioner must be ordered to pay the costs of the Extraordinary Appeal;

Regarding relevant sections of the Civil Code No 4, Year 2004 and Civil Code No 5 Year 2004 and Amendment Two of the Civil Code No 3 Year 2009 together with other relevant regulations:

RULING

Reject the Extraordinary Request for Review by the Petitioner: NI MADE JATI as above;

Order the Petitioner for the Extraordinary Appeal to pay the costs of this appeal which is here fixed at Rp 2,500,000 (USD 250.00).

Such is the ruling in open council of the Supreme Court on Thursday 12 February 2009 by H. DIRWOTO, S.H., Justice of the Supreme Court selected by the High Council of the Supreme Court as the Head of the Council of Justices, M. HATTA ALI, SH. MH. And Prof. Dr. H. MUCHSIN, SH., Justices of the Supreme Court, and announced in open court on this day also by the Head of the Council of Justices and attended by the assisting justices and assisted by SUSILOWATI, SH. MH, Court Clerk and not attended by the parties involved:

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