4 Conditions For Valid Agreements According To Law In Indonesia

Illustration of agreement (Pexels/fauxels)

YOGYAKARTA - Agreements cannot be separated in daily activities, be it business or non-business matters. Simply put, agreements are agreements between the two parties or more, in which each party agrees to comply with the mutually agreed provisions.

The agreement can be written or verbal. However, for transactions with large values or high risks, it is advisable to make a written agreement. In addition to being a reminder of the points of the agreement, more than that, written documents are legal evidence if there are violations or disputes in the future.

Therefore, it is important to understand the legal requirements of the agreement according to Indonesian law so that the agreement has legal interests that protect the rights and obligations of each party concerned.

The valid requirements for agreements in Indonesia are regulated in Article 1338 of the Civil Code. In this article, it is emphasized that the agreement cannot be canceled unilaterally except for mutual agreements or the reasons justified by law. In addition, every agreement must be carried out with i 'good faith to fulfill the contents of the agreement.

According to Article 1338 of the Civil Code, there are four main requirements so that the agreement is considered legally valid. The four requirements are the agreement of those who bind themselves, the ability to make boundaries, a subject of certain problems, and a cause that is not prohibited.

The first two terms are referred to as subjective requirements because they are related to the parties who make the agreement. While the last two conditions are called objective requirements because they involve the object or the contents of the agreement itself.

If subjective conditions (agreements or skills) are not met, then the agreement can be canceled. This means that the agreement is still considered to exist, but one party can submit an cancellation to the court.

However, if the objective requirements are not fulfilled, the agreement is considered null and void. In other words, the agreement is considered never to exist from the start. Here is further explanation of the four conditions.

The agreement in the agreement was made of the willingness of both parties without coercion in any form. In other words, both parties are not under pressure, threats, or fraud.

If there is an element of caliphate, coercion or fraud, the agreement is deemed to have no legal force. This means that if one party is proven to be forced or deceived when making an agreement, then the agreement is legally flawed and can be canceled.

2. Skills to Create partitions

The ability here refers to a person's legal ability to make a partition. Article 1329 of the Civil Code states that every person authorized to make an agreement, except for those declared incompetent by law. If one of the parties is not legally capable, the agreement made can be canceled.

In Article 1330 of the Civil Code, among parties deemed incompetent, namely minors who are not yet mature, people are placed under pardon (for example due to mental disorders), and anyone specifically prohibited by law to make certain types of agreements.

3. A Specific Principle Of Issue

The principal of the issue or object of the agreement must be clear and can be determined in type. This is regulated in Article 1332 of the Civil Code which states that only goods or things that can be traded can be the object of the agreement.

In addition, Article 1333 of the Civil Code explains that the number or size of the object of the agreement does not have to be certain from the start, as long as it can be determined or calculated. For example, a harvest purchase agreement with the amount to be adjusted after the harvest is complete.

4. A Halal Reason

Because here the intention is the purpose or reason for making the agreement. Article 1337 of the Civil Code confirms that the cause prohibited is against law, decency, or public order.

For example, the narcotics sale and purchase agreement is invalid because it is against the law. Likewise, agreements that are intended to violate moral norms or disturb public order.