SYARAT SAH PERJANJIAN PART 1

Summary

In this lecture on Indonesian contract law, the speaker outlines the four key conditions for a valid contract as specified in Article 1320 of the Civil Code: agreement, competence, specific subject matter, and lawful cause. The speaker explains the difference between subjective (agreement and competence) and objective (subject matter and cause) conditions. They also discuss the consequences of not meeting these conditions, with contracts being annulled or void depending on the nature of the violation. The session concludes with a preview of the next topic on the theory of agreement.

Takeaways

• 😀 The lecture focuses on the four essential requirements for a valid contract under Article 1320 of the Indonesian Civil Code.
• 😀 A contract is valid if it meets four conditions: mutual agreement, competence, specific subject matter, and a lawful cause.
• 😀 The four conditions are split into two categories: subjective (agreement and competence) and objective (subject matter and cause).
• 😀 If any of the conditions are not met, the contract may be considered invalid, but the absence of witnesses or a stamp does not affect the contract's validity unless required by law.
• 😀 A contract is considered void if the subjective requirements (such as agreement or competence) are not fulfilled, and it can be annulled in court.
• 😀 If the contract is based on coercion, deception, or error, it can be canceled through legal action according to the Indonesian Civil Code.
• 😀 Contracts made by individuals who are not competent (e.g., minors or people under legal disability) can be annulled by the court.
• 😀 If a contract fails to meet the objective requirements (e.g., an illegal cause), it is considered 'void by law' and has no legal effect.
• 😀 'Void by law' (batal demi hukum) means the contract is legally non-existent from the start, unlike contracts that can be annulled after being made.
• 😀 Future sessions will cover the concept of 'Sepakat' (mutual agreement) and the theoretical foundations of consent in contracts.

Q & A

What are the four conditions for a contract to be valid according to Article 1320 of the Indonesian Civil Code?

The four conditions for a valid contract are: 1) Agreement (sepakat) between the parties, 2) Capacity to make the agreement (kecakapan), 3) A certain subject matter (hal tertentu), and 4) A lawful cause (cause yang halal).

How are the conditions for a valid contract divided in terms of subjective and objective requirements?

The first two conditions—agreement and capacity—are subjective, as they relate to the parties involved. The last two conditions—subject matter and lawful cause—are objective, as they pertain to the content and purpose of the contract.

What happens if one of the conditions for a valid contract is missing?

If any of the conditions outlined in Article 1320 are missing, the contract will be considered invalid. However, the absence of a witness or stamp duty will not affect the validity, as these are not required by the article.

What does it mean if a contract is declared 'void from the start' (batal demi hukum)?

A contract is considered 'void from the start' if the objective conditions, such as having an unlawful subject matter or cause, are not met. This means the contract is invalid from the outset and has no legal effect.

What is the consequence of a contract where one party's agreement is based on mistake, coercion, or fraud?

If a contract is based on mistake, coercion, or fraud, it can be rescinded. The affected party may seek to cancel the contract through legal action under Article 1449 of the Civil Code.

How does the Civil Code handle contracts made by individuals without legal capacity?

If a contract is made by a person who lacks legal capacity (e.g., a minor), the contract will be considered voidable. The person lacking capacity can seek to have the contract canceled, as specified in Article 1330.

What is the importance of understanding the four conditions for a valid contract?

Understanding the four conditions is crucial because a contract that does not meet these conditions can be invalid, rescinded, or void from the start. This knowledge helps ensure that contracts are legally binding and enforceable.

Can a contract be valid if it lacks a witness or a stamp duty?

Yes, a contract can still be valid even if it lacks a witness or stamp duty, as these are not required under Article 1320 of the Civil Code. The absence of these elements does not impact the legal validity of the contract.

What is the legal significance of the 'capacity to contract' condition in a contract's validity?

The capacity to contract ensures that the parties involved have the legal ability to enter into an agreement. A contract made by someone without capacity (e.g., a minor or someone legally incompetent) can be voidable or canceled by the affected party.

What does it mean for a contract to be 'rescinded' and under what circumstances can this happen?

A contract can be rescinded if one of the subjective conditions (such as agreement or capacity) is not met. For instance, if a contract was entered under mistake, coercion, or fraud, the affected party has the right to seek its cancellation through legal proceedings.