Studi Perbandingan Keabsahan Perjanjian Prespektif Kuh Perdata, Hukum Islam, Hukum Adat

Abstract

Legal provisions in terms of the validity of agreements according to the Civil Code, Islamic law and customary law there are differences. The validity of the agreement according to the Civil Code is contained in Article 1320 which states for the validity of the Agreement 4 conditions are required. The validity of the contract according to Islamic Law must meet the pillars: sighat al-aqad, al-ma'qud alaih/mahal al-aqd, al muta'aqidain/al-aqidain, and maudhu' al-aqd. The validity of a treaty under Customary Law is: mature/capable, the principle of consent, and the accompanying provisions in the agreement but does not constitute the validity of the agreement under customary law.

Keywords: Validity of Treaties, Civil Code, Islamic Law of Customary Law.