Bali Law Office located on Jalan Gunung Salak Utara Denpasar-Bali, Indonesia. The Bali Law Office consists of experienced Balinese lawyers who have experience in handling cases not only on the island of Bali, but even covering cases outside Bali, especially those that have been handled in Jakarta, Surabaya, Lombok, Bekasi, Tangerang, Depok and surrounding areas. is on the island of Java. In the following, we will try to provide an example of a lawsuit for accounts payable involving foreign nationals in Bali.

Badung, 1 January 2023

Number : 0126/I/Bali_law office/P.dt/Denpasar/2023

Subject: Lawsuit for accounts payable / Default (Breach of Promise)

Dear.

Chief Justice xxx

at xxx

Yours faithfully,----------------------------------------------

The undersigned below:-------------------------------------

I Putu Agus Putra Sumardana, SH,. And I Nyoman Miarsa. SH,S.Pd Advocates, at the Bali Law Office which is located on Jalan Gunung Salak Utara Denpasar-Bali, Indonesia., based on a special power of attorney dated December 14, 2022 (attached) acting for and on behalf of:

Name : ALEXANDER XXX

Place/date of birth : Belgium, January 14, 1986

Gender : Male

Domicile address : Jln Merta SariNo. 10 Sanur, Denpasar-Bali

Passport Number : XXXX

Occupation : Entrepreneur

Nationality : Belgian

Which in this case chooses to have a legal domicile in the power of attorney as mentioned above.

Hereby filed a Default Lawsuit (Breach of Promise) against; -----------

Name : MADE DARMAYUDA SO MIGHTY

Place/date of birth : Denpasar, 27-10 1981

Gender : Male

KTP Address : Jl. Kalianget No. 10 Denpasar-Bali

NIK : xxxx

Occupation : Private Employee

The reasons and basis for the PLAINTIFF filing this lawsuit are as follows: -------------------------

1. That around March 22, 2001, the Plaintiff and the Defendant entered into a land purchase service agreement in the Canggu area with a land sale and purchase transaction value of Rp. 5,215,000,000.- (five billion two hundred and fifteen million rupiah) as stated in the private land sale and purchase agreement dated March 23, 2001 signed by the Plaintiff and Defendant and by 2 (two) witnesses;
2. Whereas on March 23, 2001, the Plaintiff gave money to the Defendant to purchase the land offered by the Defendant, with a total receipt of Rp. 200,000,000.- (two hundred million rupiah), in which the receipt money is used by the Defendant to process the land certification process which is the object of dispute in this lawsuit;--
3. Whereas on November 30, 2001, the Plaintiff had paid all payments for the sale and purchase of land, amounting to Rp. 5.215.000.000,- (five billion two hundred and fifteen million rupiahs), but it turns out that the land certificate process promised by the Defendant has not yet been fulfilled, so that the process of returning the name of the certificate to the Plaintiff's wife (Indonesian citizen) cannot be carried out;---
4. Whereas every time the Plaintiff asked about the progress of the sale and purchase of the land, the Defendant gave many reasons for not fulfilling his obligations; -------------------
5. That until the agreed deadline, the Defendant could not fulfill his obligation to carry out a land sale and purchase transaction; --------------------------------------------------
6. Whereas later it was difficult for the Defendant to be contacted and it seemed that he was avoiding his obligations, then the Plaintiff asked for the Plaintiff's money to be returned in full in the amount of Rp. 5.215.000.000,- (five billion two hundred and fifteen million rupiah);------------
7. Whereas later the Defendant was still unable to return the Plaintiff's money, which amounted to Rp. 5,215,000,000.- (five billion two hundred and fifteen million rupiah), so that the Plaintiff, through a lawyer, sent a letter of reprimand (Somasi), which the Defendant responded by stating that he was ready to return the Plaintiff's money in full in the amount of Rp. 5,215,000,000.- (five billion two hundred and fifteen million rupiah);
8. Whereas after the specified time limit, the Defendant still did not return the Plaintiff's money in full in the amount of Rp. 5,215,000,000.- (five billion two hundred and fifteen million rupiah), by cutting off communication with the Plaintiff's Attorney, the Plaintiff considers the Defendant to have committed a breach of contract (default) which caused material losses to the Plaintiff, namely Rp. 5,215,000,000.- (five billion two hundred and fifteen million rupiah); -------------------------------
9. Whereas for the act of default (default) committed by the Defendant, the Plaintiff requests the Chairperson of the XXX District Court to state that the Defendant has committed a breach of contract (default);--------------
10. That in order for the Defendant to carry out the decision of this case later, he is requested to be punished or to pay a forced money (dwangsom) to the Plaintiff in the amount of Rp. 500,000 (five hundred thousand rupiah) per day for each failure of the Defendant in fulfilling the contents of this decision as of the time the decision has permanent legal force (inkracht);
11. Whereas because this lawsuit is based on strong evidence, the Plaintiff requests that the XXX District Court state that the decision in this case can be carried out first (uitvoerbaar bij voorraad) even though the Defendant has filed legal remedies in the form of Verset, Appeal, Cassation or efforts other laws; ----------------------------------------------- ---------
12. That all costs incurred in this case are charged according to law.

Based on the reasons mentioned above, the Plaintiff requests that the XXX District Court be able to decide on the following matters:-------

1. Granted the plaintiff's claim in its entirety -------------------------
2. Declare that the Defendant has committed a default; -------------------------
3. Punish the Defendant to pay the Plaintiff a material loss of Rp. 5.215.000.000,- (five billion two hundred and fifteen million rupiah): --------------
4. Sentenced the Defendant to pay forced money (dwangsom) to the Plaintiff in the amount of Rp. 500,000 (five hundred thousand rupiah) every day, for each failure to comply with the contents of the decision, starting from the time the decision is pronounced until it is implemented; ------------------------------------
5. Declare that all the evidence submitted by the Plaintiff is valid and valuable in this case;
6. Declare that the decision in this case can be carried out first even if there is Verset, Appeal or Cassation (uitvoerbaar bij voorad) ----------------------------------- -----------------
7. Punish the Defendant to obey and submit to this decision;-------
8. Ordering the Defendant to pay the costs incurred in this case.---

SUBSIDIARY:

If Mr/Mrs Head of District Court XXX Cq. The Panel of Judges handling this case is of a different opinion, Requesting a Fairest Decision (Ex aquo et bono); ------------------------

Such is the lawsuit We convey this and for the attention of the Chairperson of the XXX District Court, we thank you.--------------------------------

I Putu Agus Putra Sumardana, SH                                                                                      I Nyoman Miarsa. SH, S.Pd