Named and Unnamed Agreements

Agreements, often called contracts, in Indonesia can be divided into two types based on their names, namely named agreements (nominate) and unnamed agreements (innominate). Both types of agreements have their own definitions, terms, elements, and legal basis. Lease agreements, which are included in the category of named or nominat agreements, must meet the elements and terms of the agreement in accordance with the provisions of the applicable law in Indonesia.1 Meanwhile, unnamed agreements, which are generally developed in society, are still legally recognized even though there are no specific detailed regulations regarding this matter. These unnamed agreements can also be written or unwritten agreements. The requirements for a valid agreement, both subjective and objective, apply generally to both types of agreements. However, in practice, there are often discrepancies, especially in unnamed agreements which are usually not written. On the other hand, written named agreements are generally in accordance with existing legal provisions or legislation, so that their implementation provides legal certainty. This certainly has its own legal consequences and consequences for the parties involved. Agreements, which are often called contracts, in Indonesia can be divided into two types based on their names, namely named agreements (nominate) and unnamed agreements (innominate). Both of these types of agreements have their own definitions, conditions, elements, and legal bases. Lease agreements, 1 Subekti, Contract Law, Intermasa, 2005. which are included in the category of named or nominat agreements, must meet the elements and conditions of the agreement in accordance with the provisions of the law in force in Indonesia. Meanwhile, unnamed agreements, which generally develop in society, are still legally recognized even though there are no specific detailed regulations regarding this matter. These unnamed agreements can also be written or unwritten agreements. The requirements for a valid agreement, both subjective and objective, apply generally to both types of agreements. However, in practice, there are often discrepancies, especially in unnamed agreements which are usually not written down. On the other hand, written named agreements are generally in accordance with existing legal provisions or legislation, so that their implementation provides legal certainty. This certainly has its own legal consequences and consequences for the parties involved.

Authors

Publication Details

Journal
International Journal of Innovative Research in Multidisciplinary Education
Published
2025-04-24
DOI
https://doi.org/10.58806/ijirme.2025.v4i4n07
Primary Topic
Law, Economics, and Judicial Systems
Type
article
Field-Weighted Citation Impact
0.00
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article

Named and Unnamed Agreements

S.H. Dr. Winny Wiriani, Muhammad Ichsan
International Journal of Innovative Research in Multidisciplinary Education
Law, Economics, and Judicial Systems
article

Named and Unnamed Agreements

S.H. Dr. Winny Wiriani, Muhammad Ichsan
article en

Abstract

Agreements, often called contracts, in Indonesia can be divided into two types based on their names, namely named agreements (nominate) and unnamed agreements (innominate). Both types of agreements have their own definitions, terms, elements, and legal basis. Lease agreements, which are included in the category of named or nominat agreements, must meet the elements and terms of the agreement in accordance with the provisions of the applicable law in Indonesia.1 Meanwhile, unnamed agreements, which are generally developed in society, are still legally recognized even though there are no specific detailed regulations regarding this matter. These unnamed agreements can also be written or unwritten agreements. The requirements for a valid agreement, both subjective and objective, apply generally to both types of agreements. However, in practice, there are often discrepancies, especially in unnamed agreements which are usually not written. On the other hand, written named agreements are generally in accordance with existing legal provisions or legislation, so that their implementation provides legal certainty. This certainly has its own legal consequences and consequences for the parties involved. Agreements, which are often called contracts, in Indonesia can be divided into two types based on their names, namely named agreements (nominate) and unnamed agreements (innominate). Both of these types of agreements have their own definitions, conditions, elements, and legal bases. Lease agreements, 1 Subekti, Contract Law, Intermasa, 2005. which are included in the category of named or nominat agreements, must meet the elements and conditions of the agreement in accordance with the provisions of the law in force in Indonesia. Meanwhile, unnamed agreements, which generally develop in society, are still legally recognized even though there are no specific detailed regulations regarding this matter. These unnamed agreements can also be written or unwritten agreements. The requirements for a valid agreement, both subjective and objective, apply generally to both types of agreements. However, in practice, there are often discrepancies, especially in unnamed agreements which are usually not written down. On the other hand, written named agreements are generally in accordance with existing legal provisions or legislation, so that their implementation provides legal certainty. This certainly has its own legal consequences and consequences for the parties involved.

International Journal of Innovative Research in Multidisciplinary EducationVol. 04(04)
Openalex Percentile: Top 88%
Law, Economics, and Judicial Systems
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