Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia

Research Article

Legal Principles of Agreements: A Foundation in Contract Establishment

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  • @INPROCEEDINGS{10.4108/eai.16-4-2022.2320081,
        author={Suhadi Rizki Herdianto and Faisal  Santiago},
        title={Legal Principles of Agreements: A Foundation in Contract Establishment},
        proceedings={Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2022},
        month={8},
        keywords={principles; contracts; laws},
        doi={10.4108/eai.16-4-2022.2320081}
    }
    
  • Suhadi Rizki Herdianto
    Faisal Santiago
    Year: 2022
    Legal Principles of Agreements: A Foundation in Contract Establishment
    ICLSSEE
    EAI
    DOI: 10.4108/eai.16-4-2022.2320081
Suhadi Rizki Herdianto1,*, Faisal Santiago1
  • 1: Universitas Borobudur, Jakarta, Indonesia
*Contact email: suhadi.rizki@yahoo.com

Abstract

This study aims to explain the parties' understanding of the principles of the agreement (contract principles) in conducting or making a contract. In an agreement, the parties must meet the legal requirements of the agreement based on Article 1320 of the Criminal Code, namely subjective requirements: there is an agreement to bind themselves and the skills of the parties to make an engagement, while the objective conditions are a sure thing and a lawful cause. Therefore, in carrying out legal actions to make a contract/agreement, one must also understand the principles that apply to the basis of a contract/agreement, including the principle of freedom of contract, the principle of consensual, the principle of legal certainty/pacta sunt servanda, the principle of good faith and the principle of personality. Of the five principles based on the theory of legal science, eight national engagement law principles are added, resulting from a joint formulation based on a national agreement.