What is Performance?

According to Agus Yudha Hernoko, performance in law is understood as something that must be done by the parties in a contract based on the agreement made.

In addition, as stated in Article 1234 of the Civil Code, the essence of a contract often includes three forms of performance:

  1. Giving something;
  2. Performing an action;
  3. Not performing an action.

The performance that has bound the parties must be based on good faith to fulfill their commitments.

Is the 50 Billion Anies-Sandi Agreement valid and still in effect or binding?

In a legal relationship, an engagement will arise between the two parties. According to Article 1233 of the Civil Code, an engagement arises because of an agreement or law.

In the discussion of whether the agreement is valid or not, it is also necessary to convey what are the legal requirements for an agreement that have been regulated in Article 1320 of the Civil Code, which includes:

  1. the agreement of those who bind themselves;
  2. the capacity of those who make the contract;
  3. a certain thing;
  4. a lawful cause.

If we look at the terms of the agreement above, the agreement between Anies and Sandi can be concluded as a valid and binding agreement but it has been completed so it is no longer valid.

Why is that? Because between the two of them there must be an agreement to bind themselves. This is marked by 2 things, first Sandi's willingness as the lender. Although it is stated in the agreement that the money lent is not Sandi's personal money, but Sandi is the guarantor. Therefore, it can be called the lender.

Likewise with Anies, of course he has the willingness to bind himself, marked by his acceptance of the amount of money promised. Thus, the first condition is met.

Regarding the second condition, of course they are both capable people according to the law so they are called legally capable. This is a certainty because they were both candidates for Governor and Deputy Governor of DKI in 2017, of course they must meet the requirements of being capable according to the law because whether they like it or not, when they become governor they must issue policies that must be issued by people who are capable according to the law.

The third condition has also been met, because based on the letter agreement that is circulating, the object of the agreement, namely money, has been mentioned.