Teknik Dasar Pembuatan Kontrak Hukum: Melindungi Hak Dan Kewajiban

Abstract

The creation of a legal contract is one of the important aspects in ensuring the protection of the rights and obligations of the parties in an agreement. This article aims to analyze the key elements and techniques of drafting clauses that can anticipate legal and commercial risks. Using the literature study method, this study explores the principles and principles of contract law, such as freedom of contract, consensualism, legal certainty, and good faith. The main elements of the contract, including the agreement of the parties, legal capacity, clear objects, and lawful causes, are the foundation of the legality of the contract. In addition, clause drafting techniques such as force majeure clauses, indemnification, dispute resolution, and limitations of liability are discussed as risk mitigation mechanisms. The results of the study indicate that carefully drafted contracts can minimize the potential for disputes and create fair and mutually beneficial legal relationships. The use of clear and specific language in drafting contracts is essential to avoid differences in interpretation. The main suggestion of this study is the importance of involving legal experts in drafting contracts to ensure compliance with applicable laws and the effectiveness of rights protection. These findings provide practical and theoretical guidance for parties, legal practitioners, and academics in understanding and implementing appropriate contract drafting techniques.