The Shifts in the Concept of Agreement in Contracts

Abstract

Agreement is fundamental in contract law, as it forms the basis for establishing legal commitments between parties. However, developments in contract law have shown that merely agreeing on terms at the time of contract formation is insufficient to address actions or situations that arise later. This research examines three Constitutional Court decisions that have redefined the interpretation of agreement in contract law: Constitutional Court Decision Number 83/PUU-XXII/2024 (January 3, 2025), Constitutional Court Decision Number 21/PUU-XVIII/2020 (June 15, 2020), and Constitutional Court Decision Number 18/PUU-XVII/2019 (November 25, 2019). The objective of this research is to analyze how these rulings influence the understanding of agreement in contract law. Using a normative juridical research method, the research focuses on court decisions, statutory regulations, and contracts as binding legal instruments. The research employs statutory, conceptual, and case analysis approaches. The findings highlight two key aspects of agreement in contract law: first, the explicit agreement forming the legal foundation of a contract, and second, the importance of agreement when one party seeks to challenge or annul a contract. This research contributes to the ongoing discourse in contract law by demonstrating that agreement is not only essential for contract formation but also vital for dispute resolution and contract termination. The evolving interpretation of agreement in Constitutional Court rulings reflects the dynamic nature of contract law and its ability to adapt to contemporary legal challenges.