Jakarta, CNBC Indonesia – The case of Wulan Guritno's lawsuit against her ex-lover, Sabda Ahessa, is increasingly becoming a topic of discussion in the media. Wulan's attorney also said that the bailout of IDR 396 million given by his client to Sabda was not accompanied by a debt and receivables agreement.
Wulan Guritno's attorney, Ficky Fernando, said that Sabda Ahessa himself had said that he had good intentions to return the money used to finance the renovation of his house. However, it is not clear when it will be completed.
“So Wulan has also tried (to collect). The point is that Sabda wants to pay back the bailout funds. But since mid-2023, we have been trying to collect until yesterday at the beginning of the year there was no clarity regarding the solution. Like it or not, we have to use legal action. That's all actually,” said Ficky Fernando as quoted by detik (27/2/2024).
Regarding the absence of a written agreement between Wulan and Sabda, Ficky himself said that there was an agreement between the two of them. However, there is no detailed explanation regarding the form of the agreement. and Sabda is said to always be absent from his responsibilities.
“There was a response. What this means is clarity of settlement, there is no certainty of settlement. We have been asked several times, in accordance with Sabda's request to be postponed this month, when the date he agreed to was postponed again, that's all,” he said.
Meanwhile, Ficky said that the renovation process had been completed and Sabda had already occupied the house.
The case that Wulan experienced actually has quite a valuable financial lesson regarding lending money to her lover.
For example, when a wife lends money to a husband who is legally married, then the money is their joint property as long as it is obtained after the marriage takes place and there is no prenuptial agreement between the two couples.
However, if the party in debt is a lover, then the funds should belong to one of the parties.
Even though the status of a lover makes someone your closest figure, personal debt can certainly cause quite serious financial problems.
The following are things you must pay attention to if you lend personal money to someone with a lover's status.
Accounts payable matters can be considered “non-existent”
In principle, debt is a product of promises, which means it must be kept. When you pay debt, there will be an obligation to pay it off.
When you intend to lend a large amount of funds, there is no harm in making a written agreement that is ratified by a notary because the party who has the potential to be seriously harmed is the lender. The agreement must also be valid in accordance with the provisions of Article 1320 of the Civil Code.
So what happens if the debt is in the form of a personal loan without black and white?
When there is no written agreement that complies with legal provisions, the debt and receivables may be considered non-existent. There is a high possibility that the party who owes the debt or is being sued will win in the court process if the evidence is deemed not strong.
[Gambas:Video CNBC]
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Wulan Guritno & Sabda Case, Can People Who Don't Pay Their Debts Be Imprisoned?
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