ASAS-ASAS HUKUM PERJANJIAN (BAB 4) oleh Ida Bagus Bayu Brahmantya

Summary

This script discusses the fundamental principles of contract law, including consensus, freedom of contract, good faith, binding force, personality, legal equality, trust, balance, legal certainty, morality, fairness, and custom. It explains how these principles are applied in contract formation and enforcement, emphasizing their importance in ensuring fairness and legal certainty in agreements.

Takeaways

• 📜 The script discusses the fundamental principles of contract law, including consensus, freedom of contract, good faith, binding force, personality, legal equality, trust, balance, legal certainty, morality, fairness, and custom.
• 🤝 Consensualism is the principle that a contract arises when there is an agreement between the parties involved, as stated in Article 1320 of the Indonesian Civil Code.
• 🆓 Freedom of contract allows individuals the liberty to enter into agreements freely, determine the content, and choose the form of the contract, as analyzed from Article 1338 of the Indonesian Civil Code.
• 🤔 Good faith is essential in contract law, requiring parties to act honestly and rely on each other's intentions during both the negotiation and performance of the contract.
• 🔗 The binding force of a contract means that once made, it is enforceable and cannot be unilaterally revoked, treating the contract as a law between the parties.
• 👤 Personality principle asserts that contracts are made for the benefit of the individual entering into it, though exceptions exist for contracts made for the benefit of third parties.
• ⚖️ Legal equality ensures that all parties entering into a contract have equal rights and obligations under the law, regardless of personal characteristics.
• 🤝 Trust is a foundational aspect of contract law, implying that parties must have confidence in each other's performance of contractual obligations.
• ⚖️ Balance principle requires that both parties fulfill and execute the contract with fairness, ensuring that the rights and duties are balanced.
• 📚 Legal certainty principle, or 'pacta sunt servanda,' emphasizes that contracts should provide legal stability and be respected by the courts and third parties.
• 🏛 Morality principle ensures that contracts do not exceed moral boundaries or societal norms, maintaining ethical standards in contractual agreements.
• 🏅 Fairness principle dictates that only actions that are deserving or appropriate should be undertaken within the contract.
• 📝 Custom principle indicates that parties should follow customary practices that are normative within the context of the contract.

Q & A

What is the principle of consensus in contract law?

The principle of consensus, or consensualism, states that a contract comes into existence when there is an agreement between the parties involved. It is encapsulated in Article 1320 Paragraph 1 of the Indonesian Civil Code (KUHP), which specifies that one of the requirements for a valid contract is the presence of an agreement between both parties.

How is the principle of freedom of contract defined in the script?

The principle of freedom of contract implies that a person is free to enter into a contract, determine its subject matter, and decide on the form of the contract, whether written or oral. This principle is universal and applies across different legal systems as per Article 1338 Paragraph 1 of the KUHP.

What does the principle of good faith in contract law entail?

The principle of good faith requires that the parties to a contract must act honestly and with a strong belief in the intentions of the contract. It is divided into two aspects: pre-contractual good faith, which involves honesty during negotiations, and post-contractual good faith, which refers to the rationality and fairness of the contract's content during its execution.

Can you explain the principle of binding force in contracts as mentioned in the script?

The principle of binding force states that every contract made by the parties is binding and cannot be unilaterally revoked. It means that a contract acts as a law for the parties involved, as stated in the script.

What is the principle of personality in contract law?

The principle of personality dictates that a person entering into a contract does so for their own benefit. However, exceptions exist, such as when a contract is made for the benefit of a third party under certain conditions, as outlined in Article 1317 of the KUHP.

How does the principle of legal equality apply to contracts?

The principle of legal equality asserts that all parties entering into a contract have the same rights and obligations under the law, regardless of their race, religion, or other differences. They should not be discriminated against in the formation or execution of a contract.

What is the significance of the principle of trust in contract law?

The principle of trust, or 'vertrauensschutz' in German, implies that both parties must have confidence in each other's ability to fulfill the contract as agreed. It is a foundational aspect of the legal framework that governs contracts.

Could you describe the principle of balance in contracts as discussed in the script?

The principle of balance requires that both parties fulfill and execute the contract in a manner that is fair and equitable. It ensures that the obligations and rights are balanced, with the creditor having the right to demand performance and the debtor being responsible for fulfilling the contract.

What does the principle of legal certainty in contracts mean?

The principle of legal certainty, also known as 'pacta sunt servanda,' emphasizes that contracts must provide legal stability and certainty. It means that the substance of the contract must be respected by the courts or third parties, similar to how a law is adhered to.

How is the principle of morality defined within the context of contracts?

The principle of morality ensures that the content of a contract does not exceed moral boundaries or acceptable behavior within a community. It is a safeguard to ensure that contracts are not only legal but also ethical.

What is the principle of fairness, and how does it relate to contracts?

The principle of fairness dictates that only actions that are deserving or appropriate should be undertaken. It relates to contracts by ensuring that the terms and conditions are just and equitable, promoting a sense of rightness in the agreement.

Can you explain the principle of custom in the context of contracts as mentioned in the script?

The principle of custom suggests that the actions of the parties should follow normative practices that are customary in the context of the contract. It implies that the conduct and terms of the contract should align with established and accepted practices within the relevant industry or community.