Techniques in Drafting Contracts

Abstract

At this time, it appears that there is a lack of discussion of various basic laws, such as civil law, commercial law, criminal law, constitutional law, contract law, and others. Our contract law still uses the regulations of the Dutch Colonial Government contained in Book III of the Civil Code. Book III of the Civil Code adheres to an open system, meaning that parties are free to enter into contracts with anyone, determine the terms, implementation and form of the contract, whether oral or written. This research aims to find out the principles and Pre-Drafting in contract design and the technical stages in contract design. The research specifications are descriptive in nature using normative juridical research. The approach method used is a statutory approach. Data obtained through document study and analyzed using qualitative methods. Based on the research results, the first is related to the principles in designing contracts, namely there are two legal principles that must be considered, namely: beginsselen der contrachtsvrijheid or party autonomy, and pacta sunt servanda. Beginselen der contrachtsvrijheid or party autonomy, namely that the parties are free to agree on what they want, provided that it does not conflict with the law, public order and morality. Regarding pre-preparation of contracts, there are four things that must be considered by the parties, namely. Identity of the parties, initial research on related aspects, creation of an MOU, and negotiations. The second research result is that there must be stages in contract design, contract title, opening, related parties, racital, contents of the contract and closing.