KULIAH HUKUM PERJANJIAN BERNAMA I : PENGANTAR

Summary

This video discusses contract law, focusing on named agreements under Indonesian civil law. It begins by explaining the concept of contracts and their stages, including pre-contractual actions, determination, and execution. The speaker elaborates on legal perspectives, emphasizing the importance of consent, purpose, and performance in a contract. The video also covers the difference between named and unnamed contracts as defined by the Civil Code, listing examples of named contracts such as sales agreements, leases, and partnerships. The session concludes with an invitation to explore these agreements in more detail in future videos.

Takeaways

• 😀 The lecture focuses on Indonesian contract law, specifically 'perjanjian bernama' (named contracts) and their classification under the Civil Code.
• 😀 Contracts are defined as legal relationships between parties intended to create certain legal effects.
• 😀 There is a distinction between older and newer definitions of contracts, with newer definitions focusing on the relationship between parties.
• 😀 The process of creating a contract is divided into three stages: pre-contract, negotiation, and execution.
• 😀 The 'pre-contract' stage involves legal actions like offers and acceptances between parties.
• 😀 The 'contractual stage' is when the offer and acceptance merge into an agreement, marking the formation of the contract.
• 😀 The 'execution stage' occurs when the contract is performed and obligations are fulfilled.
• 😀 For a contract to be valid, it must include agreement, lawful purpose, mutual consent, and performance elements as outlined in the Civil Code (Pasal 1320).
• 😀 'Perjanjian bernama' refers to contracts with a specific name and are regulated by the Civil Code, including various categories like sales, leases, and employment contracts.
• 😀 There are many types of named contracts in Indonesian law, such as sales agreements, leases, partnerships, donation agreements, surety agreements, and peace settlements.
• 😀 The lecture emphasizes that understanding the specific regulations governing named contracts is key to understanding Indonesian contract law.

Q & A

What is the main topic discussed in the video transcript?

The main topic discussed in the video transcript is the concept of 'named contracts' in Indonesian civil law, specifically the different types of contracts regulated under the Indonesian Civil Code.

What is the definition of a contract according to the civil law experts mentioned?

Civil law experts define a contract as a legal relationship between two or more parties that is based on mutual consent, intended to create legal effects or obligations.

What are the three stages of a contract as outlined by Prof. Fardhuni?

Prof. Fardhuni outlines three stages of a contract: pre-contract (initial legal actions like offers), contractual stage (agreement between the offeror and offeree), and the execution stage (performance of contractual obligations).

What is the significance of 'mutual consent' in the formation of a contract?

Mutual consent is crucial in contract formation as it represents the agreement between the parties to create a binding legal relationship. Without mutual consent, there is no valid contract.

What are the essential elements of a valid contract in Indonesian law?

The essential elements of a valid contract under Indonesian law include the presence of parties, agreement (mutual consent), a lawful purpose, and a clear understanding of the contractual obligations.

What does the Indonesian Civil Code say about named and unnamed contracts?

According to the Indonesian Civil Code, contracts are classified into named (nominative) and unnamed (innominative) contracts. Named contracts are specifically regulated by the law, while unnamed contracts are not explicitly named but are still recognized by the law.

What are some examples of named contracts discussed in the video?

Examples of named contracts discussed in the video include contracts for buying and selling, exchange, leasing, partnership, employment, powers of attorney, and peace agreements, all of which are regulated by the Indonesian Civil Code.

How does the video differentiate between named and unnamed contracts?

The video differentiates named and unnamed contracts by explaining that named contracts are explicitly defined and regulated by the Indonesian Civil Code, while unnamed contracts are not specifically named but are still valid as long as they follow general contractual principles.

What role does the Indonesian Civil Code play in regulating contracts?

The Indonesian Civil Code provides the legal framework for regulating contracts by outlining the necessary components and types of contracts, including both named and unnamed contracts, to ensure clarity and legal enforceability.

What future topics related to named contracts does the speaker plan to discuss?

The speaker mentions that in future sessions, they will discuss specific types of named contracts in greater detail, helping the audience understand each type more thoroughly.