Perancangan Kontrak (Anatomi Kontrak) Pertemuan 7

Summary

This lecture covers the anatomy of contracts in the context of civil law. It begins with the reasons why people seek legal assistance to draft contracts, aiming for legal certainty and protection in case of disputes. The speaker emphasizes the importance of crafting secure and clear contracts. The lecture explains the structure of a contract, including key sections like the preamble, identities of the parties, object details, and the contract's content. Additionally, it highlights the significance of choosing the right contract type, essential elements, and legal language to avoid future issues.

Takeaways

• 😀 A contract is created to provide legal certainty and safeguard the parties involved in case of disputes.
• 😀 It's important to draft a contract in a way that it can be used as strong evidence in case of future conflicts.
• 😀 Before drafting a contract, understanding its anatomy is crucial to create a well-structured agreement.
• 😀 Contracts can be created verbally, but it is safer to document them in writing for stronger proof.
• 😀 There are two types of written contracts: private deeds and authentic deeds, each with its own anatomy and legal implications.
• 😀 The anatomy of a contract typically consists of four main parts: the preamble, the body, the content, and the conclusion.
• 😀 The title of a contract must reflect the agreement's content accurately, ensuring clarity about the contract’s nature.
• 😀 The introductory section of a contract must include clear identification of the parties involved, including full names, identification numbers, birth dates, and addresses.
• 😀 Ensuring that the parties are legally capable (with proper age and legal capacity) is essential to avoid the contract being voided.
• 😀 The body of a contract should include essential, natural, and accidental elements, with a focus on clarity and mutual understanding between the parties.
• 😀 The contract’s terms should align with the parties’ agreement, respecting the principle of freedom to contract while ensuring compliance with essential legal requirements.

Q & A

What is the primary reason people come to legal professionals to draft contracts?

People seek legal professionals to draft contracts primarily for legal certainty and to secure their rights in case of future disputes. They aim to ensure that the contract provides strong legal protection if a conflict arises regarding the terms of the agreement.

What are the two main forms of written contracts according to Indonesian law?

The two main forms of written contracts according to Indonesian law are 'akta bawah tangan' (underhanded deeds) and 'akta otentik' (authentic deeds). The main difference lies in the involvement of a notary, with authentic deeds requiring the presence of a notary, whereas underhanded deeds do not.

What should the title of a contract reflect?

The title of a contract should reflect the content of the agreement. It must provide a clear indication of the subject and intent of the contract, allowing anyone who reads the title to understand the nature of the agreement without needing to read the entire document.

What are the key components in the introduction of a contract?

The introduction of a contract generally includes the date and place of the contract's creation, followed by the identification of the parties involved, which should include their names, identification numbers (like KTP or NIK), birth dates, occupations, and addresses. This ensures that the parties are properly identified and their legal standing is clear.

Why is the date and place of the contract’s creation important?

The date and place of creation are essential for legal clarity and enforcement, as they define the timeline of the agreement and the jurisdiction under which the contract is governed in case of disputes.

Why must the contract specify the age and identity of the parties?

The contract must specify the age and identity of the parties to ensure that they are legally capable of entering into the agreement. For instance, a person must be of legal age to contract, and the identity verification prevents fraud and ensures the right individuals are bound by the contract.

What is the role of 'premises' in a contract?

The 'premises' section of a contract outlines the positions of the parties involved. It describes their rights and obligations, such as a seller’s intent to sell and a buyer’s intent to purchase. This section clarifies the legal standing of the parties and the property or goods involved in the agreement.

What are the essential elements that must be included in the body of a contract?

The body of a contract must include essential elements such as the object of the contract, the rights and obligations of each party, and specific terms relating to performance and breach (wanprestasi). Additionally, it should consider natural and accidental elements that can guide interpretations and enforceability.

What is the importance of the contract's object description?

A precise description of the contract's object is critical as it ensures clarity about what is being sold, leased, or exchanged. The object should be identified with specific details like location, size, and legal title to prevent ambiguity and protect the interests of both parties.

What does the term 'accidental elements' in a contract refer to?

Accidental elements refer to provisions in a contract that deal with unforeseen circumstances, such as what happens if one party fails to fulfill their obligations (wanprestasi). These elements provide clarity on the consequences of breaches and outline penalties or remedies.