5. Comparison

Is part of the contract that contains the complete identity of the parties who bind themselves in the contract. Must contain several things in accordance with paragraph 3 of Article 38 of Law No. 30 of 2004 concerning Notary Positions, including:

  • Full name, place, date of birth, nationality, occupation, position, position, place of residence of the people they represent.
  • Information about the people they represent
  • The content of the deed or contract is the will of the parties.
  • Full name, place and date of birth, as well as the occupation, position, rank and domicile of each identifying witness.

6. Background

The background or recital position introduces the parties to the main purpose of establishing a legal relationship between them. In addition, it is useful for interpreting the contents of the contract or deed. The recital section usually begins with the word "that" or with the sentence "The parties first explain the following".

7. Content

In the contents of the agreement are usually represented in articles and each article is titled. The contents of an agreement usually include 3 elements, namely: essensalia, naturalia, accidentalia and these three elements must be present in every agreement. Another important element that must be present is the mention of settlement efforts in the event of disputes or disputes

8. Definition

This section formulates the terms contained in the contract. The articles that include definitions are only sufficient for the key word terms in the contract to avoid misinterpretation

9. Arrangement of Rights and Obligations

This substance is expected to cover all the wishes and desires of the parties as a whole, including the determination of the object of the contract or akad and others.

10. Domicile

The aim is to make it easier for the parties to have legal relations. Domicile is divided into two types, namely: first, the actual place of residence. The place where legal acts are generally carried out. This actual place of residence is divided into two, namely a voluntary place of residence and a mandatory place of residence. Second, the chosen place of residence. The chosen domicile is distinguished between a domicile determined by law and a domicile freely

11. Force Majeure

The parties insert an article on this as a form of anticipation of facing circumstances beyond the control of the parties. Force majeure circumstances must be clearly defined in the following article.

12. Default and Termination of Contract

Default is the failure to fulfill the obligations of one of the parties, as stated in the contract. The article that is part of this is usually a consequence for the party who does not fulfill their obligations. The contract must include the termination of the contract. Termination of the contract is an effort to terminate the contract made by the parties. The following are the provisions for termination of the contract based on Articles 1265, 1266, and Article 1267, including:

  • The agreement will be canceled if one of the conditions is not met, the creditor must return the goods and the situation returns to its original state.
  • The agreement is canceled because it is through a court order.
  • The agreement is canceled if one of the parties does not fulfill its performance, and the party must compensate for the losses for the cancellation of the contract.

13. Dispute Resolution Pattern

Contract Legal Dispute is a condition of disagreement or difference of opinion between the parties making the contract regarding the law and facts related to the unfulfillment of rights or the non-performance of obligations stipulated in the contract and/or changes in the contents (performance) stipulated in the contract and/or termination of contractual legal relations carried out by one party without the approval of the other party. This section also reflects the principle of "good faith", the parties, if a dispute occurs, need to build effective communication through various means including:

  • Settlement between parties, such as negotiation, deliberation.
  • Settlement by presenting a mediator, such as mediation, consolidation, and arbitration.
  • Settlement through the courts.

14. Closing of Deed/End of Contract

The closing is the final part of the contract. Each agreement has a different closing section. Apart from being the closing of the entire contract, the closing section sometimes also provides additional information that confirms the entire contract

15. Signature

According to Yahya Harahap, the signature functions to identify the characteristics of the signatory and as a form of approval from the parties to the contract. The signature is also a symbol that the parties are willing to fulfill legal actions in accordance with the contents of the contract, both rights and obligations. In a private deed, the signatures required are those of the parties and witnesses. Meanwhile, an authentic deed requires the signatures of the parties, witnesses and the deed-making official.

As for the integrity of a contract, it is very important to ensure that all parties involved in the agreement comply with the agreement that has been made. Without strong integrity, the contract becomes meaningless and can cause legal problems in the future. Integrity is the basis of trust and good relations between individuals and companies, so maintaining integrity is an obligation for anyone who wants to achieve success.

References

  • Agus Kasiyanto, “Mahir Merancang Kontrak” Jawa tengah: Eureka Media Aksara, 2022 Noor, Muhammad. “T-Issn 1829-9067; e-Issn 2460-6588.” Jurnal Pemikiran Hukum Islam 17, no. 1 (2012): 90–94.
  • Amelia, Eka. “Anatomi Kontrak.” Blogger, 2017. http://ameliaintharit.blogspot.com/2017/10/anatomi-kontrak.html.
  • Salim, Abdullah, dan Wiwiek Wahyuningsih, “Perancangan Kontrak & Memorandum of Understanding (MoU),” Jakarta: Sinar Grafika, 2021