Dr. Winny Wiriani, S.H., M.Kn., M.BA

DOI : https://doi.org/10.47191/ijsshr/v7-i05-47

Google Scholar Download Pdf
ABSTRACT

At this time, it appears that there is a lack of discussion of various basic laws, such as civil law, commercial law, criminal law, constitutional law, contract law, and others. Our contract law still uses the regulations of the Dutch Colonial Government contained in Book III of the Civil Code. Book III of the Civil Code adheres to an open system, meaning that parties are free to enter into contracts with anyone, determine the terms, implementation and form of the contract, whether oral or written. This research aims to find out the principles and Pre-Drafting in contract design and the technical stages in contract design. The research specifications are descriptive in nature using normative juridical research. The approach method used is a statutory approach. Data obtained through document study and analyzed using qualitative methods. Based on the research results, the first is related to the principles in designing contracts, namely there are two legal principles that must be considered, namely: beginsselen der contrachtsvrijheid or party autonomy, and pacta sunt servanda. Beginselen der contrachtsvrijheid or party autonomy, namely that the parties are free to agree on what they want, provided that it does not conflict with the law, public order and morality. Regarding pre-preparation of contracts, there are four things that must be considered by the parties, namely. Identity of the parties, initial research on related aspects, creation of an MOU, and negotiations. The second research result is that there must be stages in contract design, contract title, opening, related parties, racital, contents of the contract and closing.

KEYWORDS:

Contract Planning.

REFERENCES
1) Darwin, Effendi. The effectiveness of the Memorandum of Understanding (MoU) in making an agreement in the field of Education. Yogyakarta: Atma Jaya University, 2016

2) I Made, Pasek Diantha. Normative legal research methodology in the justification of legal theory. London: Prenada Media Group, 2017

3) Meriana, Main and Arfiana, Novera. Fundamentals of Contract Law and Arbitration, cet. I. Malang; Tunggal Mandiri, 2012.

4) Muhammad, Sjaiful. Characteristics of the principle of freedom of contract in Sharia-based agreements. Journal Of Legal Perspectives. Vol.15, No.1, February, 2015

5) R, Subekti. Law Of Treaties. cet. 10. Jakarta: Intermasa, 2012

6) Salim HS. Contract law Theory and techniques of contract drafting. Jakarta: Sinar Grafika, 2021

7) Soerjono, Soekanto and Sri Mamudji. Normative Legal Research. Jakarta: Raja Grafindo, 2016, Persada

Volume 07 Issue 05 May 2024