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Legal Capacity on Contract Law: A Comparative Study Between the Compilation of Sharia Economic Law and the Civil Code
Yeni Salma Barlinti

Faculty of Law Universitas Indonesia


Abstract

Legal relations carry out in transaction activities in Indonesia are based on the Civil Code. However, with sharia transaction activities since 1992, the Supreme Court issued a Compilation of Sharia Economic Law (Kompilasi Hukum Ekonomi Syariah) to regulate sharia business activities in Indonesia in 2008. One of the basic provisions in contract law is the legal capacity of contract executors. This paper will examine the comparative law regarding the legal capacity of the two rules and the legal consequences for the parties with these two rules. This research used normative-juridical research method by analyzing articles concerning legal capacity on the Compilation of Sharia Economic Law and the Civil Code qualitatively. It is founded that the two rules have a number of differences, namely the minimum age limit for legal capacity, the category of legal capacity, and custody for people who are incapacity. The existence of these differences can provide legal consequences for transactions being invalid when using different laws. Therefore, the use of both laws must be properly placed by actors in doing transactions and judges in resolving disputes, namely using Compilation of Sharia Economic Law in Islamic transactions and using the Civil Code in non-Islamic transactions.

Keywords: legal capacity, contract law, custody, islamic transaction

Topic: ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/mqWgQLnTFGND

Conference: The 3rd International Conference on Sustainability and Innovation (ICoSI 2019)

Plain Format | Corresponding Author (Yeni Salma Barlinti)

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