Abstract

Agreements, often called contracts, in Indonesia can be divided into two types based on their names, namely named agreements (nominate) and unnamed agreements (innominate). Both types of agreements have their own definitions, terms, elements, and legal basis. Lease agreements, which are included in the category of named or nominat agreements, must meet the elements and terms of the agreement in accordance with the provisions of the applicable law in Indonesia.1 Meanwhile, unnamed agreements, which are generally developed in society, are still legally recognized even though there are no specific detailed regulations regarding this matter. These unnamed agreements can also be written or unwritten agreements. The requirements for a valid agreement, both subjective and objective, apply generally to both types of agreements. However, in practice, there are often discrepancies, especially in unnamed agreements which are usually not written. On the other hand, written named agreements are generally in accordance with existing legal provisions or legislation, so that their implementation provides legal certainty. This certainly has its own legal consequences and consequences for the parties involved. Agreements, which are often called contracts, in Indonesia can be divided into two types based on their names, namely named agreements (nominate) and unnamed agreements (innominate). Both of these types of agreements have their own definitions, conditions, elements, and legal bases. Lease agreements, 1 Subekti, Contract Law, Intermasa, 2005. which are included in the category of named or nominat agreements, must meet the elements and conditions of the agreement in accordance with the provisions of the law in force in Indonesia. Meanwhile, unnamed agreements, which generally develop in society, are still legally recognized even though there are no specific detailed regulations regarding this matter. These unnamed agreements can also be written or unwritten agreements. The requirements for a valid agreement, both subjective and objective, apply generally to both types of agreements. However, in practice, there are often discrepancies, especially in unnamed agreements which are usually not written down. On the other hand, written named agreements are generally in accordance with existing legal provisions or legislation, so that their implementation provides legal certainty. This certainly has its own legal consequences and consequences for the parties involved.

Keywords:

Named Agreement, Unnamed Agreement, Contract Law, Freedom Of Contract, Indonesian Civil Code, Legal Certainty, Innominate Agreement, Lease Agreement, Jurisprudence

References:

1) Decree of the Minister of Finance of the Republic of Indonesia No. 1169/KMK.01/1991 concerning Lease Activities (Leasing).

2) Civil Code (KUHPerdata), Book III concerning Contracts.

3) Decree of the Minister of Finance of the Republic of Indonesia No. 1169/KMK.01/1991 concerning Lease Activities (Leasing).

4) Supreme Court of the Republic of Indonesia. (1988). Decision No. 131K/Pdt/1987.

5) Mertokusumo, S. (2006). Contract Law. Yogyakarta: Liberty.

6) Subekti, R. (2005). Contract Law. Jakarta: Intermasa.

7) Soerjono Soekanto and Sri Mamudji, Normative Legal Research: A Brief Review, Jakarta: Rajawali Press, 1985.