Cikarang, Aktualita.co — A contract dispute between PT WAM Multi Teknik and PT Lautan Jaya Kumala is currently underway at the Cikarang District Court. In Case Number 255, PT WAM Multi Teknik, acting as the defendant, is challenging the lawsuit filed by PT Lautan Jaya Kumala, arguing that it was filed too early, or is premature.
Through its legal team from the Abdul Basit & Partners Law Office, PT WAM Multi Teknik stated that it intends to challenge the timing of the lawsuit's filing and the legal procedures followed before the case was brought to court.
Counsel for PT WAM Multi Teknik noted that at the time the lawsuit was filed, their client was still demonstrating good faith in resolving the obligations that had become a point of contention between the two companies.
"We see a fundamental issue regarding the timing of the lawsuit's filing. At that time, our client was still demonstrating good faith to fulfill their obligations," stated the legal position of the PT WAM Multi Teknik team.
Lawsuit Deemed Premature
The defendant stated that communication and commitments regarding payment resolution were still ongoing before the lawsuit was filed in court.
On that basis, PT WAM Multi Teknik is questioning whether all necessary requirements and stages for filing a lawsuit have been met.
One aspect to be challenged in the trial concerns the formal notice (somasi) and the state of default or breach of contract. The defendant argues that the procedures and legal basis for the lawsuit must first be examined by the panel of judges.
"What we are questioning is whether, at the time the lawsuit was filed, all necessary stages and foundations had indeed been met. That is what we will prove in court," said the defendant's counsel.
Unilateral Contract Termination Also Challenged
In addition to disputing the timing of the lawsuit, PT WAM Multi Teknik is also highlighting PT Lautan Jaya Kumala's decision regarding the termination of the agreement.
According to the defendant, the contents of the cooperation agreement must be examined thoroughly, especially regarding the provisions governing the rights of each party to end or terminate the contract.
PT WAM Multi Teknik argues that there is no clause granting authority to either party to perform a unilateral termination under the conditions currently in dispute.
Therefore, the basis for the termination of the agreement will also be one of the materials tested during the trial process.
Defendant Requests Holistic View of Contractual Relationship
PT WAM Multi Teknik believes the case cannot be viewed solely as a payment issue.
According to the defendant, the panel of judges needs to assess the entire legal relationship between the two companies, starting from the contents of the agreement, the obligations of each party, payment history, and the communication that took place to resolve the issue.
Several matters that the defendant believes need to be examined include the contents of the cooperation agreement, the obligations of each party, payment history and realized commitments, communication and efforts toward an amicable settlement, the existence of a legally valid formal notice, the basis for unilateral contract termination, and the legal consequences arising from that termination.
"This case is not just about whether or not a payment was made. The entire series of contractual relationships between the parties must be viewed in its entirety," emphasized the counsel for PT WAM Multi Teknik.
Preparing Defense and Considering Counter-Lawsuit
PT WAM Multi Teknik confirmed it will utilize available legal mechanisms to present its defense in court.
The legal team also stated that it would consider filing a counter-lawsuit if the examination of the case reveals actions deemed detrimental to the rights of PT WAM Multi Teknik.
The defendant essentially requests that the lawsuit be judged based on the facts and evidence revealed during the trial.
Furthermore, one of the requests to be submitted is for the lawsuit to be declared inadmissible or Niet Ontvankelijke Verklaard (NO) if the panel of judges finds any formal defects as alleged by the defendant.
The legal team for PT WAM Multi Teknik stated that they continue to respect the legal process underway at the Cikarang District Court and will present all evidence and legal arguments during the trial.
The legal team consists of Dr. (C) Imron Abidin, S.H., M.H., Abdul Basit, S.H., M.H., Sudirman, S.H., and Muhammad Sidik, S.H.
Case Number 255 will now serve as a forum for both parties to test their respective arguments, including those regarding the timing of the lawsuit filing and the basis for the contract termination currently in dispute.
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