| dc.description.abstract | Contract is one of the most important instruments in commerce area. Contract as a form of agreement between two parties or among parties, will have the strong law force if it is made legitimately according to the rules existed. The legality of a contract is regulated as in Article 1320 KUHPerdata, which is separated as the subjective requirements and the objective requirements. If those requirements were not fulfilled, it would cause consequences as the revocation of a contract. The subjective requirements hold the aspect of capacity of the parties and agreement among parties. Agreement is based on the free will of the party, this means that the agreement is without any compulsion, oversight, fraud, and misuse of state (misbruik van recht omzetbelasting). The failure of fulfillment of the agreement aspect will cause the party in damage could propose about revocation of the contract to the judge. The case of a buying-selling agreement of trademark between Budi Haliman Halim and Yayasan Hwa Ing and Lo Iwan Setia Dhrama, Budi Haliman signed the buying-selling agreement of trademark when Budi Haliman was imprisoned. Based on Budi Haliman’s statement, the agreement was held on a compulsion and out of rationality.
This research is aim to analyze the requirements of the legality of a contract and the law consequences that will appear. The research method used in this research is normative juridical, that is mean as an effort to look for the way to solve the problems by researching and studying the positive law norms using the literatures.
The results of the research show that the agreement between Budi Haliman Halim and Yayasan Hwa Ing and Lo Iwan Setia Dhrama is not satisfy the subjective requirements regulated in Article 1320 KUHPerdata, so that will not have any law force. The agreement in the buying-selling agreement of trademark between Budi Haliman Halim and Yayasan Hwa Ing and Lo Iwan Setia Dhrama contains the misuse of state (misbruik van recht omzetbelasting) factor which is one of the forms of deformed of will. The consequences of the deformed of will is Budi Haliman can ask the judge to revoke the buying-selling agreement of trademark, so that the state will be returned as the state before the contract or agreement was held and signed. | en_US |
