HUKUM PERIKATAN - PERJANJIAN - KONTRAK MENURUT HUKUM PERDATA / HUKUM PRIVAT

Summary

In this video, Advocate Hermansyah from Hermansyah and Partners discusses the concept of contracts and agreements under Indonesian civil law, specifically referencing the third book of the Civil Code (BW). He explains the essential elements of a valid contract, including mutual consent, legal capacity, clarity of subject matter, and lawful purpose. The video also covers the importance of contract freedom, the role of civil law in enforcing agreements, and provides examples such as the sale and purchase of goods. Hermansyah emphasizes the legal consequences of breach of contract, the need for proper documentation, and offers practical advice on handling contracts in everyday transactions.

Takeaways

• 😀 Civil law governs relationships between individuals or groups, often called private law.
• 😀 The Civil Code (BW) consists of four books: Book 1 (persons), Book 2 (property), Book 3 (obligations), and Book 4 (evidence and statute of limitations).
• 😀 The concept of 'perikatan' (obligation) is central to civil law, referring to the legal relationship between parties and their mutual commitments.
• 😀 A contract is a form of 'perikatan' or agreement where parties bind themselves to fulfill certain obligations.
• 😀 To form a valid contract, there are four essential elements: agreement (mutual consent), legal capacity, a specific subject matter, and a lawful cause.
• 😀 Consent in contracts must be free from coercion, deceit, or force. It should reflect the genuine will of the parties involved.
• 😀 Legal capacity refers to individuals who are mentally and physically able to enter into a contract, including adults and those not under guardianship.
• 😀 Contracts can be freely negotiated (principle of freedom of contract), as long as they do not violate laws or public norms.
• 😀 A contract is binding upon the parties, even if certain details are not explicitly mentioned, as long as it aligns with the law.
• 😀 Contracts can be civil in nature, but if executed with bad faith (such as fraud or theft), they can lead to criminal liability.
• 😀 The principle of 'performance' requires parties to fulfill the agreed terms, with non-performance leading to legal consequences.
• 😀 The Civil Code regulates various contract types, such as sales agreements, which include both movable and immovable property transactions.
• 😀 The sale agreement occurs when one party agrees to transfer property to another, and the other party agrees to pay a specified price.
• 😀 For sale agreements, ownership of the item does not transfer until delivery is made, and the payment is made accordingly.
• 😀 Delivery (or 'livering') in movable goods can occur with a statement of transfer, but for immovable goods, official documentation is required (e.g., PPAT for land).
• 😀 Jurisprudence and legal norms are crucial in interpreting contracts and resolving disputes, especially when one party fails to perform their obligations.

Q & A

What is civil law, and how is it defined in the context of the Indonesian legal system?

Civil law, also referred to as private law, governs relationships between individuals or entities. In Indonesia, it is defined under the Civil Code (KUHPerdata), which regulates various aspects of law including personal rights, property, contracts, and obligations.

What are the key elements required for a contract to be valid under Indonesian law?

A valid contract in Indonesia requires four key elements: mutual consent (agreement), legal capacity (competence to contract), a specific subject matter (the object of the contract), and a lawful cause (a legal reason or purpose).

What does 'mutual consent' in a contract mean, and what factors can affect it?

'Mutual consent' means that both parties agree to the terms of the contract willingly and without any form of coercion, fraud, or misrepresentation. If consent is obtained through deception, force, or undue influence, the contract may be deemed invalid.

What is the significance of legal capacity in forming a contract?

Legal capacity refers to a person’s ability to enter into a contract. Only individuals who are mentally sound, of legal age, and not under guardianship or incapacitation can validly form contracts. In Indonesia, individuals are considered legally competent to contract at the age of 21, although specific laws may adjust this age for different situations (e.g., marriage).

How does the concept of 'lawful cause' apply to contracts in Indonesia?

A lawful cause refers to the underlying reason or purpose for the contract, which must be legal. Contracts involving illegal activities, such as the sale of drugs or human trafficking, are void and unenforceable under Indonesian law.

What is the principle of freedom of contract under Indonesian law?

The principle of freedom of contract, as outlined in Article 1338 of the Indonesian Civil Code, allows parties to freely negotiate and agree on the terms of their contract, provided that the agreement does not violate public laws, societal norms, or morality.

Can a contract have legal consequences beyond civil law?

Yes, while contracts generally fall under civil law, certain breaches or dishonest actions, such as fraud or embezzlement, can escalate the matter into criminal law, depending on the circumstances and the evidence of bad faith from one party.

What is the role of 'delivery' in the sale of goods contract?

In a sale contract, the delivery of the goods is crucial for transferring ownership. For movable goods, delivery is typically done through physical transfer or documentation. For immovable goods, delivery involves legal procedures, including registration with a notary.

How does the concept of 'one prestasi' apply in the context of a contract?

'One prestasi' refers to the fulfillment of a contract's obligations by the parties. It emphasizes that if a party fails to perform their obligations as agreed, the contract may be considered breached, and the responsible party could face legal consequences.

What are the implications of failing to fulfill a contract in Indonesia?

Failing to fulfill a contract can lead to legal consequences. If a party does not comply with the agreed terms, they may be sued for breach of contract, and the other party may seek remedies such as compensation or specific performance.