Agreement is a legal act carried out between one or more legal subjects with one or more other legal subjects who have agreed to bind themselves to one another about certain matters in the field of assets.
The term agreement is a translation from the Dutch language, which is overeenkomst or English, namely contract which means engagement, contract and agreement. The meaning of an agreement based on Book III Chapter II of the Civil Code Article 1313 is an agreement (agreement) is an act by which one person, or more binding himself to one or more people.
Agreement is one source of engagement, along with other sources. An agreement is also called an agreement, because the two parties agree to do something. An agreement that was born from an agreement was indeed desired by two people or two parties who made an agreement, whereas an agreement that was born from a law was entered into by law outside the wishes of the parties concerned. If two people enter into an agreement then they intend that between them a legal agreement applies.
The following definition and understanding of the agreement from several book sources:
- According to Subekti (1994), an agreement is an event where a person promises to another person, or where two people promise to do something.
- According to Setiawan (2008), an agreement is a legal act whereby one or more people commit themselves or bind themselves to one or more people.
- According to Projodikoro (1993), an agreement is a legal relationship regarding property between two parties, in which one party promises it is considered to promise to do something or not to do while the other party has the right to demand the implementation of the promise.
- According to Muhammad (2000), an agreement is an agreement with which two or more people commit themselves to carry out something regarding property.
- According to Salim (2008), an agreement is a legal relationship between one subject and another subject in the field of assets, where one legal subject is entitled to achievement and so is another legal subject obliged to carry out his achievements in accordance with what has been agreed.
Principles of Agreement
The legal principles that need to be considered by the parties in making and implementing the agreement are as follows (Ariyani, 2013):
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a. Principle of Consensualism
That the agreement was formed because of the meeting of the will (consensus) of the parties. The agreement could in essence be made free, not bound by form and reached not formally but sufficiently through mere consensus. The principle of consensualism is regulated in Article 1320 item (1) of the Civil Code which means that in principle the agreement arises or has been deemed to have been born since the moment of reaching consensus or agreement.
b. The principle of freedom of contract
The principle of freedom of contract is the agreement of the parties according to the free will to make an agreement and everyone is free to bind themselves with whoever he wants, the parties can also freely determine the scope of contents and the terms of an agreement provided that the agreement must not conflict with the laws and regulations invitation that is forcing, both public order and decency. The principle of freedom of contract is regulated in Article 1338 paragraph (1): All treaties made legally apply as a law for those who make them. An agreement cannot be withdrawn other than the agreement of the two parties, or for reasons which are stated by law to be sufficient. An agreement must be carried out in good faith.
c. Principle of Personnel
Basically an agreement made by a person in his capacity as an individual, subject to personal law, will only be valid and binding for himself. The Principle of Personnel is regulated in the provisions of Article 1131 of the Civil Code, which reads: all material belonging to the debtor, both movable and immovable, both existing and new will be in the future, becomes a responsibility for all one’s commitments.
d. The principle of good faith
The principle of good faith has two meanings, subjective good faith and objective good faith. The principle of good faith in a subjective sense can be interpreted as an attitude of honesty and openness of someone in carrying out a legal act. Good faith in the objective sense means that an agreement made must be carried out with due regard to the norms of propriety and decency or the agreement is carried out with what is felt to be appropriate in society and justice. Regarding the principle of good faith in the agreement confirmed in Article 1338 paragraph (3) of the Civil Code which states that the agreement must be carried out in good faith.
e. Principle of Pacta Sunt Servanda
The principle of Pacta Sunt Servanda is a contract made legally by the parties binding the parties in full according to the contents of the contract, fully binding a contract made by the parties by law the strength is the same as the force to bind the law. This principle is stated in Article 1338 paragraph (1) of the Civil Code which reads all treaties made legally valid as a law for those who make them.
Types of Agreement
According to Daris (2001), there are several types of agreements as follows
- Reciprocal Agreement . A reciprocal agreement is an agreement that creates a fundamental obligation for both parties. For example a sale and purchase agreement.
- Free agreement . Free agreements are agreements that benefit one party only. For example grants.
- Agreement on Charges . Agreement on Charges is an agreement whereby the achievements of one party constitute counter performance of the other party, and between the two achievements there is a relationship according to law.
- The Named Agreement (Benoemd) . Named (special) agreement is an agreement that has its own name. This means that the agreement is regulated and named by lawmakers based on the type that occurs most frequently. This agreement is arranged in Chapters V to Chapter XVIII Civil Code.
- Unnamed Agreement (Onbenoemd Overeenkomst) . Named Treaty (Onbenoemd) are agreements that are not regulated in the Civil Code, but are in the community. This agreement is like a marketing agreement, a cooperation agreement. In practice, this agreement was born based on the principle of freedom of contract to enter into an agreement.
- Obligatory Agreement . Obligatory agreement is an agreement in which the parties agree to bind themselves to hand over an object to another party (an agreement that gives rise to an agreement).
- Material Agreement . Material Agreement is an agreement whereby a person gives up his right to an object to another party, which imposes the obligation of that party to hand over the object to another party.
- Consensual Agreement . A consensual agreement is an agreement whereby both parties agree to have an agreement to make an agreement.
- Real Agreement . In the Civil Code there is also an agreement that only applies after the delivery of goods. This agreement is called a real agreement. For example the agreement on custody, borrow and use.
- Liberato Treaty . The Liberatoir Agreement is an agreement where the parties free themselves from existing obligations. For example a debt relief agreement.
- Proof of Agreement . A Proof Agreement is an agreement in which the parties determine what is valid between them.
- Chancy Agreement . Fortunately is a treaty whose object is determined later. For example insurance agreements.
- Public Agreement . Public Agreement is an agreement which is partly or wholly controlled by public law, because one of the parties acting is the Government and the other party is private. For example agreements on binding services and government goods procurement.
- Mixed Agreement . Mixed Agreement is an agreement containing various elements of the agreement. For example, hotel owners who rent out rooms (rent for rent) but also serve food (sale and purchase) and also provide services.