Legal Certainty in... (Harisman, et.al) 107
Legal Certainty in Peace Agreements in Default Disputes Through Negotiations
Harisman¹, Mhd Yadi Harahap², Fauziah Lubis³
1Universitas Muhammadiyah Sumatera Utara,
Jalan Kapten Mukhtar Basri, No. 3, Medan, North Sumatera 20238
2,3Universitas Islam Negeri Sumatera Utara
Jalan William Iskandar, Ps. V, Medan Estate, Percut Sei Tuan Sub-district, Deli Serdang District, North Sumatera, 20371
E-mail: harisman@umsu.ac.id (Corresponding Author)
Accepted: 06-07-2022, Revised: 29-12-2022, Approved: 30-12-2022, Published: 02-01-2023.
DOI: 10.30596/dll.v8i1.10889 How to cite:
Harisman, et.al., (2023) “Legal Certainty in Peace Agreements in Default Disputes Through Negotiations”, De Lega Lata: Jurnal Ilmu Hukum, 8 (1), 107-117.
Abstract
This study aims to analyze the legal certainty of a settlement agreement on a default dispute through negotiation. The desire to resolve the default dispute through negotiations is stated in a peace agreement. In order for the peace agreement to be effective, it is necessary to look at the legal certainty aspect. For this reason, a research was conducted with a normative juridical approach and using secondary data sourced from the literature. Secondary data were analyzed qualitatively and the results were described. Based on the analysis, it was found that the peace agreement in the negotiation is categorized as one type of agreement which is subject to the provisions of the Civil Code and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Legal certainty and the legal force of a breach of contract peace agreement through negotiation are obtained from the implementation of Article 1338 paragraph (1) of the Civil Code relating to the principle of pacta sun servanda and Article 1858 of the Civil Code, as well as the formal requirements for a peace agreement to be in writing.
Keywords: legal Certainty, Peace Agreement, Negotiations.
INTRODUCTION
The increasing complexity of life today, encourages humans to relate to other humans. It is undeniable, every human being cannot live alone. Humans as social beings need help from other people in meeting their needs. Unknowingly fulfilling the necessities of life that is carried out can lead to a legal relationship, either due to laws or agreements.
Various forms of legal relations that occur will lead to legal consequences in the form of fulfillment of an achievement, namely: rights and obligations. All parties really want achievements to be fulfilled properly. However, there are many factors that can hinder success in fulfilling these achievements. Among them are acts of default. Under these conditions, what is known as a dispute often arises.
Licensed under a CC-BY-SA lisence (https://creativecommons.org/licenses/by-sa/4.0/)
Legal Certainty in... (Harisman, et.al) 108 The emergence of a default dispute does not mean that the parties have no desire to resolve it. Negotiation settlement efforts are often used as an initial option in resolving default disputes outside the court. The choice of negotiation is not without reason, the parties do not want the involvement of a third party and it is enough to settle it alone.
Moreover, the position of negotiation is recognized in Law Number 30 of 1999 concerning Arbitration and Alternative Disputes Resolution (ADR), although it does not provide complete regulation.
Basically negotiation as a solution to settlement of default disputes is the result of an agreement between the parties. Without an agreement, the dispute resolution mechanism through negotiation will never exist. The parties hope that the use of negotiations can result in a peace agreement that can end the default dispute.
The birth of a peace agreement as a product of the negotiation results needs to be a common concern. Moreover, the peace agreement is the result of the parties' desire to require legal certainty in its implementation. Without legal certainty over a peace agreement, negotiation will have no meaning as a non-court dispute resolution mechanism that is recognized in legislation. In order to make the role of negotiation more effective as one of the default dispute resolution mechanisms, it is necessary to examine the legal certainty of the peace agreement.
RESEARCH METHOD
This research is a type of normative legal research that uses a normative juridical approach and an analytical descriptive nature. The use of this research method is intended to inventory, study and analyze, and understand law as a set of rules or positive norms in the system of legislation that regulates human life. (Soerjono Soekanto dan Sri Mamudji, 2003) Furthermore, analytical descriptive research is intended to describe and describe the various results of the information analyzed so that what is the focus of the problem in this research can be understood easily. The data used comes from the library (liberary research) in the form of secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The materials collected were internalized and then analyzed qualitatively in order to get answers from what was discussed in this study.
ANALYSIS AND DISCUSSION Concept of Legal Certainty
The term legal certainty comes from the Dutch language rechtssicherheit which can be interpreted as a situation where the law is certain because of the concrete power of the law in question. (Mario Julyono; Aditya Yuli Sulistyawan, 2019) Legal certainty is one of the basic legal values that is intended to provide legal protection for justice seekers from arbitrary actions in the sense that someone will and can get something that is expected in certain circumstances.. (Mario Julyono; Aditya Yuli Sulistyawan, 2019) Thus legal certainty is directed at the application of clear, firm, permanent and consistent laws where its implementation cannot be influenced by subjective circumstances. (Prayogo R.
T., 2016) This is not to cause many misinterpretations. Legal certainty will emphasize the clarity of behavioral scenarios that are general in nature and binding on all people, including their legal consequences. (Wijayanta, 2014)
Utrecht divides 2 notions of legal certainty, namely: first: the existence of general rules makes individuals know what actions may or may not be done, and second: in the form of legal security for individuals from government arbitrariness because with the existence of general rules individuals can know anything that may be imposed or done by
Legal Certainty in... (Harisman, et.al) 109 the state against individuals. (Syahrani, 1999) Furthermore, the National Legal Development Agency (BPHN) translates legal certainty (rechtszekerheid) as a guarantee for community members that the law will be applied correctly and fairly. This means that legal certainty requires order in one's life in society. Regularity causes people to live in society by making calculations about what will happen or what can be expected.
(Soeikromo, 2016) Moreover, regularity is the essence of certainty itself.
Legal certainty will guarantee a person to behave in accordance with applicable legal provisions or vice versa. Without legal certainty, a person will not have a guideline for behaving in dealings in society. Legal certainty will guarantee that the law is implemented, people who are entitled according to law can obtain their rights, and decisions can be implemented. To realize legal certainty, requires the establishment of written arrangements, such as legislation made by the authorities and authoritative.
Normatively legal certainty can be realized if regulations are made and promulgated with certainty, because they regulate clearly and logically. Clear in the sense that it does not cause doubts, and logical in the sense that it becomes a system of norms with other norms so that they do not clash or give rise to norm conflicts, which can be in the form of contestation of norms, reduction of norms and distortion of norms (Tengku Erwinsyahbana, Vivi LIa Falini Tanjung, 2017) So Jimly Adhiddiqie suggested that legal certainty is important so that people are not confused. Thus, legal certainty can guarantee the function of the law to be obeyed. One of the functions of legal certainty is to provide a benchmark for orderly, peaceful and just behavior. (Soeikromo, 2016)
Basically the study of legal certainty has a close relationship with the flow of legal positivism (legal positivism). For adherents of legal positivism, the law aims to achieve legal certainty. According to the flow of positivism through the teachings of legism that it adheres to, views the law as the only law, outside the law there is no law. This view basically aims to guarantee legal certainty (Mertokusume, 2003)
In relation to legal relations born of an agreement, legal certainty is one of the factors that can determine the success of its implementation. Moreover, it has been agreed that legal certainty is one of the legal principles of national engagement at the Engagement Law Workshop organized by the National Legal Development Agency (BPHN), Ministry of Justice from 17-19 December 1985. The principle of legal certainty referred to in an agreement is associated with the existence binding force elements.
(Sinaga, 2015) Default Dispute
Default disputes are basically related to legal relations issues arising from an agreement that is included in the civil (private) category. The agreement is intended whether or not it is regulated in the Civil Code (KUH Perdata). Various types of existing agreements give birth to what is called rights and obligations in the form of achievements.
Article 1313 of the Civil Code determines that an agreement is an act by which one or more people bind themselves to one or more people. R. Soebekti defines an agreement as an event where a person promises to another person or where two people promise each other to do something. (R.Subekti, 1985). Furthermore, Sudikno Mertokusumo stated that an agreement is a legal relationship between two or more parties based on an agreement to cause legal consequences (Mertokusume, 2003)
Based on some of the definitions above, it shows that achievement is one of several elements that must be in an agreement. Achievement is used as an object born of an
"agreement or consensus" from the parties to the agreement. Thus achievement is a debt
Legal Certainty in... (Harisman, et.al) 110 or obligation that must be fulfilled reciprocally by the parties (creditor or debtor) in an agreement. Article 1234 of the Civil Code classify the elements of achievement consists of:
1. give something, 2. to do something, and 3. do nothing.
Giving something is interpreted as handing over real control of an object from the debtor to the creditor or vice versa. Meanwhile, to do something can be interpreted as a reciprocal obligation of the debtor and creditor to do what has been stipulated in the agreement. Furthermore, not doing anything can be interpreted as a reciprocal obligation from the debtor to the creditor not to carry out the actions agreed in the agreement.
Various forms of achievement can be made in the agreement, but basically there are several conditions that must be considered as follows:
1. Achievement must be certain or at least can be determined 2. Achievements must be permitted by law
3. Achievements must be possible to implement.
Achievement as an agreed object in the agreement, is not spared from the failure in its implementation. Even though the parties to the agreement did not want it from the start. Moreover, the parties bind themselves to each other based on good faith as required by Article 1338 paragraph (3) of the Civil Code states; "the agreement must be implemented in good faith." Good faith is often referred to as "honesty". Wirjono Prodjodikoro distinguishes good faith from 2 (two) types, namely: (Sinaga, 2015) 1. Good faith when entering into an agreement; and
2. Good faith when carrying out the rights and obligations arising from an agreement.
Fulfillment of achievements is an absolute must for the parties to the agreement.
Failure can potentially result in disputes or disputes or conflicts which can eventually lead to disputes between the parties. Conflict is a conflict or discrepancy between the parties who will and are in a relationship or cooperation. (Emirzon, 2001) Rachmadi Usman argued that a conflict would not develop into a dispute if the aggrieved party only harbored feelings of dissatisfaction or concern. A conflict will develop into a dispute if the party who feels aggrieved expresses dissatisfaction or concern either directly or indirectly. (Usman, 2003)
In general, disputes usually start from a situation where there are parties who feel aggrieved by a party that begins with feelings of dissatisfaction that is subjective and closed. Feelings of dissatisfaction will surface when there is a conflict of interest. The existence of different stances or opinions based on interests will potentially lead to dispute situations. (Margono, 2000) Disputes arise due to various reasons and underlying issues, mainly due to conflict of interest between parties involved in various activities both in the civil and business fields.
Likewise, default disputes arising from conflicts or disputes due to differences in stances or opinions on the fulfillment of achievements that have been agreed upon and specified in the agreement.
The emergence of this dispute, generally caused by someone being declared negligent or in default because he did not fulfill the achievement at all, the achievement was not perfect, was late in fulfilling the achievement, and did what was prohibited in the agreement. Yahya Harahap stated that default arises in terms of: the implementation of the agreement is not done on time or is not done properly or is not implemented at all.
Legal Certainty in... (Harisman, et.al) 111 (Harahap, 1986) So it can be said that default is a situation where a debtor does not fulfill or carry out the achievements as stipulated in an agreement.
Default can occur due to 2 (two) circumstances that can affect it, namely:
1. There was an error on the part of the debtor, either intentionally or negligently; and 2. There is a force majeure (overmacht), namely: beyond the ability of the debtor.
Both of these circumstances will cause losses to creditors, which in the end can lead to a default dispute. So the default dispute referred to here is a dispute or conflict related to efforts to fulfill and or carry out achievements that are not in accordance with a predetermined agreement. Default refers to the term "lack of performance by the debtor".
Dispute Resolution Through Negotiation
In principle, the parties to the dispute are given the freedom to determine the desired dispute resolution mechanism. Whether through the courts (litigation) or outside the court (non-litigation) and as long as it is not specified otherwise in the laws and regulations.
(Sutiyoso, 2006). Komar Kantaatmaja has classified dispute resolution into 3 types, viz:
(Kurniawaty, 2017)
1. Settlement of disputes by using negotiations, either in the form of direct negotiations (simplistic negotiations) or statements from third parties (mediation and reconciliation)
2. Settlement of disputes by means of litigation, both national and international;
3. Settlement of disputes using arbitration, both ad hoc and institutional in nature.
At this time out-of-court dispute resolution tends to be used by the community as an alternative dispute resolution (APS). The choice of APS or Alternative Disputes Resolution (ADR) is a responsive expression of dissatisfaction with dispute resolution through a confrontational and zwaarwichitig litigation process.. (Mu'adi, 2010) According to Thomas J. Harron that "... people are tired of seeking dispute resolution through litigation (judicial bodies), they are dissatisfied with the judicial system (dissatisfied with the judicial system), because the method of resolving disputes inherent in the judicial system is very long-winded (the delay inherent in a system) in ways that are very detrimental, including: wasting time (a waste of time), expensive (very expensive), worrying about the past instead of solving future problems, making people hostile (enemy) ), paralyze the parties (paralyse people). (Kurniawaty, 2017)
The presence of APS is a solution that can be used in resolving disputes or disputes or conflicts by the parties. In the beginning, APS was used only limited to resolving disputes in the field of trade and eventually developed in resolving civil disputes, both general civil and special civil. Article 1 number 10 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution defines "alternative dispute resolution is an institution for resolving disputes or differences of opinion through procedures agreed upon by the parties, namely settlements outside the court by way of consultation, negotiation, mediation, consolidation, or expert judgment." Meanwhile, disputes or often referred to as conflicts, disputes, and disputes are interpreted as conflicts or discrepancies between the parties who will and are in a relationship and cooperation. (Emirzon, 2001). One of several out-of-court dispute resolution mechanisms that is often used is what is known as 'negotiation'. Negotiation is the most common dispute resolution process and the initial stage of non-litigation process in amicable dispute resolution. Generally, negotiation is used for cases that are simple and not too difficult.
Negotiation as an alternative mechanism for dispute resolution has been legally recognized by the promulgation of Law Number 30 of 1999 concerning Arbitration and
Legal Certainty in... (Harisman, et.al) 112 Alternative Dispute Resolution. It's not that previously the practice of negotiation was unknown in Indonesia. Negotiations have actually existed with the growth of Indonesian society, although with different names such as peace, deliberation and consensus.
The term negotiation comes from the English language: 'negotiation' which means negotiations. Negotiation in everyday language is often equated with the words:
'negotiate' or 'deliberately or 'consensus'. The definition of negotiation as APS can also be interpreted from Article 6 paragraph (2) of Law Number 30 of 1999 that "Settlements or differences of opinion through alternative dispute resolution as referred to in paragraph (1) are resolved in a direct meeting by the parties within a maximum of 14 days and the results are stated in a written agreement. Means that negotiation is a process of resolving disputes through direct meetings by the disputing parties in a non-litigation manner.
Negotiation is a form of dispute resolution that is carried out outside the court that does not involve a third party and is only resolved by the disputing parties or differences of opinion. (Syafrida, Ralang Hartati, 2020) Negotiation as an effort to resolve disputes between parties without going through a court process with the aim of reaching a mutual agreement on the basis of more harmonious and creative cooperation. (Emirzon, 2001, pp. 7-8).
Alan Fowler put forward several elements that become general principles in negotiations, namely: (Emirzon, 2001)
1. The negotiation involves two or more parties;
2. The parties must need each other's involvement in achieving the desired results together;
3. The parties concerned, at least initially perceive negotiation as a more satisfactory way of settling their differences compared to other methods;
4. Each party must assume that it is possible to persuade the other party to modify their initial position;
5. Each party must have an expectation of an outcome they receive, and a concept of what that outcome will be like;
6. Each party must have a level of power over the other party's ability to act;
7. The negotiation process itself is basically one of interaction between people, especially between direct oral communication, although sometimes with written elements that are important.
The choice of negotiation as a mechanism for resolving disputes certainly has advantages and disadvantages. The advantages of negotiation are as follows:
1. Negotiations are confidential, cost-effective and can foster relations between the disputing parties.
2. Negotiations can make it easier for negotiating parties to make their choices.
3. Negotiations do not depend entirely on legal norms;
4. Negotiations can provide money to the negotiating parties to determine a collective agreement so that no party is harmed.
5. All parties have the right to obtain an agreement to explain various issues when negotiating
The weaknesses in negotiations are:
1. Negotiations cannot run smoothly without an agreement between the negotiating parties.
2. It is difficult to negotiate if the positions of the negotiating parties are unbalanced.
3. The negotiation process is often slow and can take a long time.
4. When negotiating, the outcome cannot be decided directly.
Legal Certainty in... (Harisman, et.al) 113 Basically, dispute resolution through negotiation is born based on the mutual agreement of the disputing parties. Without the same will, it is impossible for negotiations to take place. New negotiations can be carried out if the communication carried out by the parties goes well, there is still mutual trust and there is a desire to reach an agreement, and to establish a good relationship. (Uman, 2010) Negotiations are also based on the good faith of the parties.
Through negotiation, the disputing parties can re-examine the rights and obligations of the parties in mutually beneficial situations or make concessions to certain rights based on the principle of reciprocity. In this way, the disputing parties can achieve, namely:
mutual agreement, reducing portion differences and conflicts on each side, a win-win solution, and overcoming differences to obtain something from other parties without being forced. Mutual agreement is the ultimate goal to be achieved in negotiations. The result of a mutual agreement will end the dispute or conflict between the disputing parties.
Legal Certainty in Peace Agreements in Default Disputes Through Negotiations Dispute resolution through negotiation aims to end disputes peacefully on the basis of mutual desire and without coercion from any party. Each party is given the freedom to conduct negotiations related to the dispute being faced until an agreement is reached in resolving the dispute. The results of negotiations through negotiations are generally made in a peace agreement which is intended to end disputes or conflicts that occur.
Several legal provisions that serve as the basis for setting a default peace agreement in negotiations have been regulated in Book III concerning Contracts, the Civil Code and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.
These two provisions are used as regulatory references in making peace agreements to end default disputes through negotiations. The enactment of these two regulations as general provisions is due to the absence of specific provisions governing peace agreements through negotiations. Moreover, peace is categorized as an agreement that was born from the agreement of the parties so that the two legal provisions can be used as the basis for implementing peace.
Enforcement of rules like this eliminates doubts and provides legal certainty for the parties to the dispute over the enforceability of the peace agreement made through negotiations. Because peace agreements through negotiations already have clear legal arrangements. Although the arrangement can be found and placed in several different legal provisions.
Basically a default peace agreement in negotiations is categorized as an agreement which is often called a peace agreement. The peace agreement has been regulated in the Civil Code as one of the existing types of agreements. Article 1851 of the Civil Code defines "peace is an agreement whereby both parties, by handing over, promising or withholding an item, end a case that is currently hanging or prevent a case from arising."
This means that the disputing parties through a peace agreement mutually release all or part of the existing demands in order to end a case that is hanging or to prevent a case from arising.. (Rizki Tri Anugrah Bhakti; Riyanto, Agus, 2018)
The default peace agreement in negotiations contains the rights and obligations of the parties to the dispute with the intention of restarting or repairing achievements that were delayed in previous implementation either in part or in whole. Article 1854 of the Civil Code requires that the content of a peace agreement is limited to what is disputed and or demanded by the parties. It is not permissible to contain peace content that has nothing to do with disputes or demands. Because the peace agreement is not intended to
Legal Certainty in... (Harisman, et.al) 114 form a new agreement, but is a series of implementation of the agreement that already existed before. But it's just that the achievements that have been set in the previous agreement have not been fulfilled. partially and or entirely as appropriate.
Article 1855 of the Civil Code stipulates "Every settlement only ends the disputes contained therein, whether the parties formulate their intentions in specific or general words, or that intention can be concluded as the only absolute consequence of what is written." This provision reminds that the peace agreement is not extended beyond the limits of the issues that have been resolved or agreed upon. Through the peace agreement, the parties to the dispute can determine, namely: what achievements can be fulfilled, what compensation will be given to fulfill the achievements, and even terminate the agreement.
Likewise Article 6 paragraph (1) of Law Number 30 of 1999 requires the parties to a peace agreement through negotiations to be based on good faith. In the same vein, Article 1338 of the Civil Code stipulates "an agreement must be carried out in good faith."
In the sense that the peace agreement is made without any elements of coercion, fraud and loss so that it can harm the interests of the parties to the dispute. These three elements are conditions for an agreement in an agreement. Article 1321 of the Civil Code stipulates
"There is no valid agreement if the agreement was given due to negligence or obtained by coercion or fraud. J. Satrio said "agree" is a meeting between two wills, where the will of one person fills in with what the other party wants (Satrio, 2001).
Even though in a default peace agreement there is one party who is charged with the obligation to fulfill an achievement, it does not mean that the position is different from one another. The parties to the dispute have the same or equal position in the peace agreement. Neither party feels higher or lower, stronger or weaker in their position in the peace agreement. If a situation like this occurs, a peace agreement will never exist and will even disrupt efforts to resolve the default dispute by negotiation. Some of the factors that can disturb the balance in the agreement are: first: the way in which the agreement is formed involves parties whose position is unequal; or second: inequality of achievements in the agreement. (Mujadi, 2010).
What is a peace agreement determined by the parties in the agreement is valid and binding for both parties to the dispute. Article 1338 paragraph (1) of the Civil Code stipulates: "all agreements made legally apply as laws for those who make them". Then the legal force binding the peace agreement can also be seen in Article 1858 of the Civil Code: "All peace has between the parties a power like a Judge's decision at the final level."
This means that the settlement of default as an agreement already has binding legal force like statutory regulations and Judge's decisions that have permanent legal force.
Therefore, both parties to the dispute have an obligation to comply with what has been mutually agreed upon as a promise that must be kept in accordance with what is known as the pacta sun servanda principle.
Moreover, the peace agreement was made in accordance with the legal terms of an agreement as stipulated in Article 1320 of the Civil Code. Which, if not fulfilled, will lead to legal consequences for the validity of the peace agreement. Whether the peace agreement can be canceled or null and void.
To guarantee the implementation and compliance with the peace agreement, both the provisions in the Civil Code and Law Number 30 of 1999 strictly require that a peace agreement be made in writing. This is what distinguishes peace agreements from other types of agreements that can be made in writing and not in writing. The written form has become a formal requirement in the peace agreement. For a peace agreement to be valid, it is not enough to only fulfill the material requirements as stipulated in Article 1320 of
Legal Certainty in... (Harisman, et.al) 115 the Civil Code, but require the fulfillment of formal requirements in the form of real (real) actions. Article 1851 paragraph (1) of the Civil Code determines; "This agreement (peace) is not valid, unless it is made in writing." Likewise in Article 6 paragraph (2) of Law number 30 of 1999 it also requires a peace agreement in written form.
Subekti argues that peace is a formal agreement, because it is carried out according to a certain formality, otherwise peace is not binding and invalid. (Subekti, 1995, pp. 177- 178). Wirjono Prodjodikoro mengemukakan perjanjian perdamaian dibuat dengan tulisan (schriftelijk) tidak selalau berupa akta, melainkan dianggap cukup apabila ada surat menyurat antara kedua belah pihak, yang cocok satu sama lain (Hoge Road Belanda tanggal 30-6-1949 N.J.1950.137) (Prodjodikoro, 1959).
Based on these two opinions, what is meant in written form in the peace agreement is still interpreted in general. It can be in the form of an underhand deed or an authentic deed. Private deed is a deed made by the parties without involving an official authorized to make the deed. An authentic deed is defined as a deed made by or before an authorized official. In accordance with its understanding, authentic deed can be divided into two, namely: a deed designed by an authorized official (ambtelijk acte) and a deed designed before an authorized official (partij acte). (Aan Handriani; Edy Mulyanto, 2021)
Salim divides 3 (three) forms of written agreements, namely: (Salim, 2008) 1. An underhand agreement signed by the parties concerned only;
2. The agreement uses a notary witness to legalize the signatures of the parties;
3. Agreement drafted before and by a notary in the form of a notarial deed.
Various forms of this agreement deed if used provide legal consequences that are different from one another. Basically a peace agreement made in writing is intended to provide legal force and legal certainty for the parties to be able to declare someone in default and file a lawsuit before the court. A written peace agreement can be used as evidence against denial or non-recognition by a party suspected of having committed a default. Mariam Darus Badrulzaman stated that the written form of the agreement is not only a means of proof, but is a condition for the existence of an agreement (Badrulzaman, 1994).
CLOSURE Conclussion
Negotiation as an alternative mechanism for dispute resolution is often used as the first step in resolving default disputes outside the court. The choice of negotiation is intended to end the default dispute through a peace agreement made jointly by the disputing parties. A peace agreement is a form of agreement whose arrangement is based on the provisions of the Civil Code and Law Number 30 of 1999 by requiring it to be made in writing. The written form is a formal condition of the peace agreement that must be fulfilled. Without a written form, a peace agreement is deemed invalid and is deemed to have never existed. In addition, a written peace agreement provides legal force and legal certainty for the parties to declare default and file a lawsuit in court.
Suggestion
As an effort to resolve default disputes outside the negotiating court, of course, the parties to the case must be taken with the aim of not slowing down and resolving the problem in a good and amicable way. Negotiation efforts must be further expanded in the dispute resolution system in Indonesia, so that problems or disputes can be resolved quickly.
Legal Certainty in... (Harisman, et.al) 116
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