By: Afriza Nurhidayah Mufthi

Humans are social creatures, which require humans from one another to meet their needs, therefore in law, humans are referred to as legal subjects, which according to R. Soeroso, are legal subjects who according to law have rights and obligations, meaning that Humans are legal subjects but there are some exceptions where humans cannot be said to be legal subjects, for example in the case of being under guardianship. Due to the times and increasingly complex lifestyles, a legal subject other than humans has emerged, namely legal entities that both have rights and obligations.

In living life, of course, legal subjects interact with other legal subjects which often lead to an engagement that is born from an agreement made for a specific purpose, such as a loan agreement, sale and purchase agreement, or lease agreement which indirectly gives rise to a right and obligations, for example in a loan agreement, the creditor has the right to have the money returned by the debtor when it is due, and the debtor is obliged to pay his debt to the creditor and as much as possible all his debts have been paid before the agreed maturity. Then the agreement is automatically made to provide a sense of justice and legal certainty itself, therefore a legal agreement or engagement is contained in book III of the Civil Code.

Covenant Law is an inseparable part in the Civil Law environment, the agreement itself according to Article 1313 of the Civil Code is an act that occurs between one person or more binding himself to another person. From this understanding, it can be seen that the agreement then creates an engagement for the parties who bind themselves so that there are rights and obligations that arise from the agreement made. However, in making an agreement, the agreement can be considered valid if it has fulfilled the provisions as stipulated in Article 1320 of the Civil Code, one of which is an agreement made for a lawful purpose, the lawful intent itself is the content of the agreement made, referring to Article 1337 of the Civil Code which reads A cause is prohibited, if the cause is prohibited by law or if the cause is contrary to morality or public order. Even though it is in the legal principle of agreement as stated in Article 1338 of the Civil Code or what is often called the Pacta Sunt Servanda principle or the principle of freedom of contract, in which clause after clause that is made is the result of an agreement between the parties and is law-like for the parties who promise. The scope of the principle of freedom of contract, according to Indonesian contract law is: freedom to make or not make an agreement, freedom to choose the party with whom he wants to make an agreement, freedom to determine or choose the cause of the agreement to be made, freedom to determine the object of the agreement, freedom to determine the form of an agreement, and the freedom to accept or deviate from the provisions of the law which are optional (aanvullend, optional).

Freedom of contract itself does not mean that we are free to include clause after clause without looking at the applicable laws and the decency of the general public, because agreements containing clauses that are not lawful or prohibited are automatically null and void by law and do not bind the parties, for example in the case of a loan agreement. borrowing which in the clause the borrower uses the money to kill someone he is hostile to, of course the above agreement does not meet the legal requirements of the agreement even though the subjective conditions have been met. The legal terms of the agreement as stated in Article 1320 of the Civil Code is a matter that needs to be considered because if the agreement is made it does not meet one of the requirements of Article 1320, especially the requirements regarding lawful causes other than the agreement itself, it will be null and void of course it will have other legal consequences or can even result in legal consequences. convicted, as in the agreement above, of course those who will kill will be punished by Article 338 of the Criminal Code concerning murder. For this reason, in making an agreement, one must pay attention to clause by clause so that in the future the agreement that has been made does not cause other legal consequences.

Reference:

  • R.Soeroso, S. (2019). PENGANTAR ILMU HUKUM. Jakarta: Sinar Grafika.
  • Sinaga, N. A. (2018). PERANAN ASAS-ASAS HUKUM PERJANJIAN DALAM. Binamulia Hukum, 107-119.
  • Subekti, S. (2017). POKOK-POKOK HUKUM PERDATA. Jakarta: Intermasa.
  • Kitab Undang-Undang Hukum Perdata

AI

This opinion piece was written by Afriza Nurhidayah Mufthi, a student at the Faculty of Law, University of Sultan Ageng Tirtayasa, a cadre of the UNTIRTA Law Commission HMI cadre. This article is the author’s personal opinion and does not represent the views of the editors of Yuris Muda Indonesia.