Agreement, Disagreement and against the Law in the Perspectives of Civil Law in Indonesia

Abstract

The truth value of an agreement is to perform an exchange of right and obligation in a fair way, so that the unbalanced responsibility can be accepted as something fair especially when the process of the exchange is done proportionally. One of law consequences of an exchange is that all agreements that are regally made will function as a state regulation which is binding to all involved in the making of this regulation. Thus, those who do not implement that agreement, it can be regarded as those who do not strive for disagreement. The central point of the act of disagreement lies in the failure of fulfilling the obligation by a party to follow up their promise stated in the agreement. Consequently, there will be no action of disagreement when there is no agreement made earlier. Hence, disagreement action cannot be regarded as a act against the law, as act against the law act must be indicated by a wrongdoing done by someone that causes harm to someone else. But both parties had no law connection. Nevertheless, law sanction involved is not too far different from that given to disagreement; that is to replace any harm caused to the victimized party.

Keywords: Agreement, disagreement, against the law, civil law, Indonesia.