ANALISIS YURIDIS TERHADAP PERJANJIAN PEMBIAYAAN PT. TOYOTA ASTRA FINANCIAL SERVICES BERDASARKAN SYARAT SAH PERJANJIAN

Abstract

Contracts in their history can be found in legal documents that developed during the Roman
empire. In the early days of contract growth, contracts were ritualistic. The development of
the business world in the field of agreements has found many problems. One of them is the
existence of a clause in the agreement that is contrary to the law. In addition to including
the interests of their respective causes, they must also pay attention to the existing legal
principles and the rights and obligations of the parties. Article 1320 of the Civil Code states
that for the validity of agreements, namely agreements, skills, certain things and lawful
causes. For a lawful reason, it is forbidden if it contradicts the law, decency, and public
order.
This research is a normative research with the approach of legal principles supported
by primary data in the form of an agreement. It is also called Doctrinal research which is
based on the literature by taking quotations from the literature that is related to the problem
to be studied. Thus, this research uses secondary data sources consisting of primary,
secondary, and tertiary legal materials. This research also uses qualitative data analysis and
produces descriptive results.
From the results of the discussion and research conducted, it is clear that the
financing agreement at PT. Toyota Astra Financial Service does not comply with the legal
terms of an agreement, namely (halal cause). The existence of rights and obligations is not
expressly stated in the agreement, but arises outside the agreement, namely in the
attachment. However, the attachment does not explain the limitations of the attachment and
the clarity of the Withdrawal Power of Attorney as an attachment is not clearly explained.
The result is that there are different meanings in the agreement or multiple interpretations of
the agreement. Therefore, the clause in clause 5 does not fulfill the elements and conditions
as specified in Article 1320 of the Criminal Code (halal cause) explicitly (null and void).
Thus, the efforts that must be made by PT. Toyota Astra Financial Service to the Debtor to
comply with the law, namely by the Creditor explaining the material facts regarding the
rights and obligations, the limitations of the rights of the parties as well as the clarity of
attachments and whether there are clauses containing legal defects.
Keywords: Agremeent – legal terms of agreement – legal remedies