YOGYAKARTA - The term null and void often appears in the world of trial or case handling. Recently, the term null and void was used in the trial of Inspector General Teddy Minahasa or a case of drug trafficking. Canceled by law is that from the beginning it was considered that there was never an agreement and there was never any agreement.
Hotman Paris Hutapea, Teddy's lawyer, said that Teddy Minahasa's indictment should be null and void because the allegations from the prosecutor were not appropriate.
"So the 2 articles alleged by the prosecutor against the defendant are wrong, namely those accused of Article 112, Article 114, that is also wrong, because previously Teddy ordered not to be sold. So the witness should have said Article 140," said Hotman Paris after the trial at the West Jakarta District Court, Monday (6/3/2023).
Hotman Paris said that from the formal juridical of his indictment this was null and void. The invitation lawyer said Teddy should have been free or free from prosecution because of wrong articles.
Canceled by law is an agreement that was originally considered never to exist or be born so that there was never a barrier. Provisions regarding null and void are regulated in Article 1335 of the Civil Code, which explains that an agreement without reason, made based on a false or prohibited cause, does not have the power.
The term null and void is different from the term can be canceled. However, there are still many people who are confused about distinguishing the two. Canceled by law can happen without being asked for a ratification or a decision from the court or the agreement is null and deemed never to exist.
While the term can be canceled occurs if the agreement is only considered null and unbinding if one of the parties asks for the cancellation to the court. If an agreement does not meet subjective requirements, then the agreement can be canceled. Meanwhile, if an agreement does not meet the objective requirements, then the agreement is null and void.
The term null and void often appears in an agreement. Provisions regarding the terms and validity of the agreement have been regulated in Article 1320 of the Civil Code. The following is the contents:
The terms a and b are owned by the subject or party who make the agreement. Both requirements are referred to as subjective requirements. While the terms c and d are attached to the contents of the agreement, so they are referred to as objective conditions.
The terms of the agreement can be said to be valid if they meet the following things:
The terms of the agreement can be declared valid, namely an agreement or approval from the parties who made the agreement. In the agreement there should be no coercion or pressure, but the agreement must be based on the will itself.
This rule is stated in Article 1321 of the Civil Code:
No agreement has the power if it is given for a mistake or obtained by coercion or fraud.
This point emphasizes the importance of seeing the skills of the insiders who make the agreement. In addition, it is also necessary to see what according to the law is incompetent or does not have the legal standing to make an agreement. This rule is contained in Article 1330 of the Civil Code.
Those who do not have the capacity to make approval are:
A certain thing in terms of agreement is the object of an agreement, for example giving something, doing something, or not doing something as stated in Article 1234 of the Civil Code.
In short, achievement is what is the debtor's obligation and what is the creditor's right in an agreement.
The Civil Code does not explain further regarding the legal cause. What is regulated is a reason it is prohibited if it is prohibited by law, contrary to decency or public order. The regulation is contained in Article 1337 of the Civil Code.
Such is the review of the term null and void. Canceled by law is the cancellation of the agreement if an agreement does not meet objective requirements. Canceled after law can occur without being asked for ratification or a decision from the court or the agreement is null and deemed never existed.
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