Legal Analysis Of The Indonesian Language Obligation In Lease Agreements (Research Of Supreme Court Decision No. 3230 K/Pdt/2018 And District Court Decision No. 101/Pdt.G/2016/Pn.Jkt. Sel)
Year: 2025
Type: article
Abstract: The difference of opinion of the Judges regarding the decision regarding the obligation to use Indonesian in Rental Agreements in the District Court Decision Number 101/Pdt.G/2016/PN.Jkt.Sel and the Supreme Court Decision Number. 3230 K/Pdt/2018 creates legal uncertainty in its implementation. This difference is based on confusion in understanding the obligation to use Indonesian in agreements as a condition of halal causes or formality of agreements/forms of agreements. The type of research used in this research is normative juridical, with the method of statutory regulations, concept approach and case approach. Based on the research results, it can be concluded that, according to law, halal causa is related to the contents of the agreement, the obligation to use Indonesian in the agreement is not a halal causa requirement and the South Jakarta District Court was wrong in understanding this. The South Jakarta District Court's decision and the Supreme Court's decision are wrong in understanding the halal causa requirements and the formality requirements of the agreement. The South Jakarta District Court erred in understanding the obligation to use Indonesian as a requirement for halal reasons. Meanwhile, the Supreme Court's decision misunderstands the formality requirements of the agreement. The obligation to use Indonesian in the agreement is not a condition of halal causa but rather a condition of the formality of the agreement. When drafting a business cooperation agreement, the parties should understand the terms and conditions for the validity of the agreement and other conditions determined by law. It is necessary to improve the quality of judges' decisions to avoid inconsistencies in applying the judges' legal views.
Source: JATIJAJAR LAW REVIEW
Author: Asep Herlan
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409496731