Engagement with objects in civil law: understanding, type, and example

Have you ever bought something, lent things to friends, or even just keep valuables? All of these interactions are closely related to the concept of binding objects. Then, what is the engagement of objects? This article will discuss the understanding, legal basis, types, forms, to concrete samples related to objects in everyday life.

Also read: Evidence in Civil Cases: Types, Strengths, and Examples of Its Application in Courts

Understanding of engagement with objects

The engagement of objects is a legal relationship that exists between two or more parties, where the object is specifically related to an object. In this context, the legal relationship will certainly give birth to rights and obligations that must be carried out by both parties.

More specifically, one party has the right to demand, while the other party is obliged to meet the achievements related to the object. This achievement can be in the form of an act of giving something, doing something, or not doing something to the object that is the object in the engagement of the object.

Also Read: Conditional Engagement in Civil Law: Understanding, Types, and Case Examples

Types of objects in civil law

Based on the Civil Code (“Civil Code” and Civil Law Doctrine, the type of object is classified into several categories, namely:

1. Tangible objects and intangible objects
   1. Tangible objects, which are objects that can be felt physically.
   2. Intangible objects, objects that cannot be felt physically.
2. Moving objects and things -don’t move
   1. Moving objects, which are objects that can move or move.
   2. Immovable objects, which are objects that cannot be moved.
3. Things that are fatigue and not installed things -hal
   1. Objects that are used up, namely objects that will run out after use 1 time.
   2. Objects that are not used up, namely objects that can be used repeatedly.
4. Existing things and things that will be owned
   1. Existing objects, namely objects that have been real at the time of the engagement are made.
   2. Objects that will exist, that is, the new object will be there in the future after the engagement is made.
5. Things in trade and things outside of trade.
   1. Objects in trade, namely objects that are legally legitimate to be owned, transferred or transferred.
   2. Objects outside of trade, namely objects that cannot be traded or transferred freely for reasons of public interest or the prohibition set by the law.

Also read: Example of a Contract Agreement Letter

The form of alliances involving various things

The form of engagement involving objects includes several types of engagements that are directly related to objects in the form of objects, including:

1. Transfer transfer (for object rights)
   1. Buying and selling, which is an agreement in which one party binds itself to hand over an item, and the other party pays the agreed price.
   2. Exchange, which is an agreement in which both parties bind themselves to give each other’s goods reciprocally instead of other items.
   3. Grant, which is an agreement in which the donor, during his life, is free and cannot be withdrawn, handing over an object to the recipient of the grant that receives the surrender.
2. The engagement of the surgery or the use of objects
   1. Leasing, which is an agreement in which one party ties itself to provide the pleasure of an item to another party, for a certain period of time, with the payment of prices that have been agreed by the recipient of pleasure.
   2. Borrowing use is an agreement in which one party gives an item to another party to be used for free, with the condition that the recipient of the goods will return the item after using it or after a certain time.
   3. Borrowing borrowing, which is an agreement in which one party gives a number of goods that are used up due to use to the other party, with the condition that the recipient of the goods will return the same amount of the same kind and circumstances.
3. Material Guarantee -Transaction Indications
   1. Mortgage Rights are the right to guarantee land along with objects related to land
   2. Fiduciary is the right of guarantee of moving objects, both tangible and intangible, and immovable objects, especially buildings that cannot be burdened with mortgage rights that remain in the control of the debtor or other appointed parties
   3. The pawn is a material right to moving objects submitted by the debtor or third party on behalf of the debtor) to the creditor as a guarantee of the debt.

Also read: Military Guarantee: Understanding, Type, and Legal Basis in Civil Law

The legal basis for engagement with objects in the Civil Code

The main legal basis that regulates the engagement related to objects in Indonesia in full is listed in the Civil Code, especially in Book II on material and Book III about engagement. In Book II of the Civil Code it is regulated in general material as well as the types of objects including tangible, intangible, moving and immovable objects as in Articles 499-518 Civil Code. Then, in Book III the Civil Code is regulated regarding the engagement which is a legal relationship between two or more parties that give rise to rights and obligations, including the engagement whose objects are in the form of objects as in Article 1313 and so on.

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Examples of cases of engagement with objects

Examples of engagement cases related to objects in daily life are as follows:

1. A seller and buyer agreed to buy and sell motorbikes. After an agreement on the price and the delivery of a motorcycle, the property rights to the motorcycle switched to the buyer
2. A and B agreed to change the exchange. Hand on his work to B, and as revenge B submit his main collection to A.
3. X wants to give a plot of vacant land to Y. After X signs the law of grants and land registered in the name Y, the title of the land only switches to Y.
4. Z needs a car for an official trip for a week. Z and car rental providers agreed to rent a car. After payment of rent and handover of car keys, Z gets the right to enjoy and use the car for one week, while the ownership of the car remains to the rental provider.
5. Someone mortgaged his gold to a pawnshop to get a loan of money. Gold as a moving object is handed over to the creditor (pawnshop) as a guarantee of debt repayment.

Also read: Learn from Nirina Zubir, this is how to maintain a land certificate

Legal consequences if the alliance is not fulfilled

In Indonesian civil law, if one party does not meet its obligations in an engagement, it is also referred to as default. The legal consequences arising from default include:

1. Payment of compensation by the party carrying out the default in the form of costs, losses and interest.
2. Risk transition to those who carry out default.
3. Cancellation of the engagement that must be accompanied by compensation.
4. Coercion of fulfillment of engagement so that the engagement remains carried out.

Also Read: What Is Default in Civil Law? Let’s understand together!

The role of notaries and written evidence in the engagement of objects

Notaries and written evidence play a very important and crucial role in engagement, especially in the engagement related to objects. Both function as the main means to ensure legal certainty and become an undeniable evidence in every engagement made.

In the engagement related to objects, the notary acts as a general official authorized to make written evidence in the form of authentic deeds. This deed includes various types of objects such as the sale and purchase of land and building, deeds of giving mortgage rights, fiduciary deeds, binding deeds of sale and purchase, and credit agreement deeds with guarantees of objects. The notary is fully responsible to ensure the validity of the subject, object, and other conditions of the engagement to comply with the applicable laws and regulations.

The existence of this authentic deed not only provides stronger legal protection to the parties involved in this engagement, but also significantly minimizes the possibility of disputes in the future. Furthermore, the authentic deed made by the notary has a perfect proof strength, unless it can be proven otherwise through conflicting proof in court.

Also read: Notary and PPAT Functions In the process of buying and selling land

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Also read: What is an authentic deed? Check out this discussion!

(This article has been edited by the perqara editorial team)

Legal basis

1. Civil Code Book
2. Law Number 4 of 1996 concerning Underwriting Rights and Objects Related to Land
3. Law Number 42 of 1999 concerning Fiduciary Guarantee
4. Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position

Reference

1. Subekti, Agreement law, Jakarta: PT Intermaasa, 2001.
2. Joko Sriwidodo and Kristiawanto, Understand the law of alliances,Yogyakarta: Kepel Press Publisher, 2021.
3. Asri Arinda, “Implementation of Transition of Property Rights for Land Through Grant for Minors”, Journal of Repertorium(2016).