Kekuatan Hukum MoU Dari Segi Hukum Perjanjian
Prior to a business transaction, initial negotiations are usually carried out. Negotiation is a process of trying to reach an agreement with other parties. Negotiation is also an instrument that bridges the various interests of business actors in formulating their rights and obligations. It is in th...
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| Format: | Article |
| Language: | English |
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Universitas Pattimura, Fakultas Hukum
2021-05-01
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| Series: | Batulis Civil Law Review |
| Subjects: | |
| Online Access: | https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/451 |
| _version_ | 1797974785373765632 |
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| author | Ronald Fadly Sopamena |
| author_facet | Ronald Fadly Sopamena |
| author_sort | Ronald Fadly Sopamena |
| collection | DOAJ |
| description | Prior to a business transaction, initial negotiations are usually carried out. Negotiation is a process of trying to reach an agreement with other parties. Negotiation is also an instrument that bridges the various interests of business actors in formulating their rights and obligations. It is in this negotiation that the bargaining process takes place. The next stage is the making of a memorandum of understanding, which in this writing is abbreviated as MoU. This study aims to examine whether the MoU can be used as a preliminary agreement as well as the legal strength of the MoU in terms of contract law. This research methodology uses normative legal tracing, primary and secondary legal materials with a statutory approach and a conceptual approach. Based on the research results, in a business contract, the negotiations carried out by the parties are outlined in the MoU as the initial agreement. If in the preliminary agreement stage there is a cancellation unilaterally, then as a legal consequence, the party making the cancellation must be responsible for the losses incurred. This form of responsibility is in the form of refunding costs incurred during negotiations and compensation for lost opportunities to enter into contracts with third parties. |
| first_indexed | 2024-04-11T04:25:15Z |
| format | Article |
| id | doaj.art-b7ec30abea784e72ad52e144f1052d10 |
| institution | Directory Open Access Journal |
| issn | 2722-4465 2746-8151 |
| language | English |
| last_indexed | 2024-04-11T04:25:15Z |
| publishDate | 2021-05-01 |
| publisher | Universitas Pattimura, Fakultas Hukum |
| record_format | Article |
| series | Batulis Civil Law Review |
| spelling | doaj.art-b7ec30abea784e72ad52e144f1052d102022-12-30T01:41:41ZengUniversitas Pattimura, Fakultas HukumBatulis Civil Law Review2722-44652746-81512021-05-012111510.47268/ballrev.v2i1.451272Kekuatan Hukum MoU Dari Segi Hukum PerjanjianRonald Fadly SopamenaPrior to a business transaction, initial negotiations are usually carried out. Negotiation is a process of trying to reach an agreement with other parties. Negotiation is also an instrument that bridges the various interests of business actors in formulating their rights and obligations. It is in this negotiation that the bargaining process takes place. The next stage is the making of a memorandum of understanding, which in this writing is abbreviated as MoU. This study aims to examine whether the MoU can be used as a preliminary agreement as well as the legal strength of the MoU in terms of contract law. This research methodology uses normative legal tracing, primary and secondary legal materials with a statutory approach and a conceptual approach. Based on the research results, in a business contract, the negotiations carried out by the parties are outlined in the MoU as the initial agreement. If in the preliminary agreement stage there is a cancellation unilaterally, then as a legal consequence, the party making the cancellation must be responsible for the losses incurred. This form of responsibility is in the form of refunding costs incurred during negotiations and compensation for lost opportunities to enter into contracts with third parties.https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/451legal forcemomerandum of understandinglegal agreement |
| spellingShingle | Ronald Fadly Sopamena Kekuatan Hukum MoU Dari Segi Hukum Perjanjian Batulis Civil Law Review legal force momerandum of understanding legal agreement |
| title | Kekuatan Hukum MoU Dari Segi Hukum Perjanjian |
| title_full | Kekuatan Hukum MoU Dari Segi Hukum Perjanjian |
| title_fullStr | Kekuatan Hukum MoU Dari Segi Hukum Perjanjian |
| title_full_unstemmed | Kekuatan Hukum MoU Dari Segi Hukum Perjanjian |
| title_short | Kekuatan Hukum MoU Dari Segi Hukum Perjanjian |
| title_sort | kekuatan hukum mou dari segi hukum perjanjian |
| topic | legal force momerandum of understanding legal agreement |
| url | https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/451 |
| work_keys_str_mv | AT ronaldfadlysopamena kekuatanhukummoudarisegihukumperjanjian |