Making a written agreement, whether by private deed or authentic deed, apart from being intended as a means of evidence (proof), also aims to make it easier for the parties to understand their respective obligations. Meanwhile, when agreeing (contract), the identity and capacity or authority to act (comparison) of the parties must be clearly explained.

For example, in Article 38 paragraphs (1) and (3) of Law 2/2014, there are regulations regarding Notarial deeds, that each deed consists of the beginning of the deed or head of the deed, the body of the deed, and the end or closing of the deed. In the body of the deed, it contains:

1. full name, place and date of birth, nationality, occupation, title, position, and place of residence of the presenters and the person they represent;
2. information regarding the acting position of the face;
3. the contents of the deed which constitute the wishes and wishes of the interested parties; And
4. full name, place, date of birth, and occupation, title, position, and residence of each identifying witness.

Thus, inconsistencies in the mention of the parties can result in disputes or disputes regarding the understanding or meaning of each party’s obligations. If there is any inconsistency in the mention of the parties in the agreement, interpretation or interpretation can be carried out in understanding the contents or obligations of the parties in the agreement. When referring to the KBBI, interpretation means an attempt to explain the meaning of something unclear. Interpretation or interpretation is a method for searching or discovering the intrinsic (true) meaning of a provision, regulation, statement and so on. In short, interpretation aims to see what is implied rather than what is written. Interpretation is a process where someone gives meaning to an expression symbol used by another person (either in the form of spoken language, written language, and/or actions).

Regarding the method of interpreting agreements, it is regulated in Articles 1342-1351 of the Civil Code. More specifically, Article 1348 of the Civil Code explains that all promises made in an agreement must be interpreted about each other; Each promise must be interpreted within the framework of the entire agreement. So, if there are inconsistencies in the mention of the parties in the agreement, interpretation or interpretation can be made by looking at the contents of the agreement as a whole. Therefore, as long as the agreement between the parties meets the requirements for the validity of the agreement as regulated in Article 1320 of the Civil Code, the discrepancy in the mention of the parties in the agreement does not result in the agreement being void or invalid. Meanwhile, to determine the intentions of the parties, they can use the interpretation method. Considering the potential for disputes that can occur, in drafting contracts it is necessary to be consistent in clearly stating and formulating the identity and capacity to act of the parties to the agreement.

Legal basis:

1. Civil Code.
2. Law Number 30 of 2004 concerning Notary Positions.
3. Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions.

References:

1. Agus Yudha Hernoko et al. Method of Determining the Contents of the Contract. Hasanuddin Law Review, Vol. 3 Issue 1, 2017;
2. Ridwan Khairandy. Good Faith in Freedom of Contract. Jakarta: Postgraduate University of Indonesia, 2003;
3. Interpretation, which was accessed on Tuesday, July 16, 2024, at 14.10 WIB.
4. Hukumonline.com