KEABSAHAN PERJANJIAN BERDASARKAN PASAL 1320 KUHPERDATA DENGAN MEDIATOR DALAM PROSEDUR MEDIASI

Abstract

According to Article 1313 of the Civil Code, an agreement is an act in which one or more persons bind themselves to one or more others. This agreement gives rise to an obligation. In an agreement, there are conditions that must be met for the agreement to be considered valid, as stated in Article 1320 of the Civil Code which states that the valid conditions of an agreement are the agreement of the parties involved, their legal capacity to make the agreement, a certain object, and a lawful cause. This research was conducted using a normative descriptive approach with data processing done through editing. The data analysis process was carried out using qualitative analysis. The conclusion of this research is that the validity of an agreement is determined by the fulfillment of all the terms of the agreement as mentioned above, where the terms of the agreement are divided into subjective and objective terms. If these terms are not fulfilled, then the agreement becomes void or voidable by law