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Waiving Article 1266 and Article 1267 Indonesia Civil Code - Mary Osmond

The document discusses the implications of waiving Articles 1266 and 1267 of the Indonesian Civil Code in agreements, allowing parties to terminate contracts without court approval in case of default. Article 1266 requires court involvement for termination unless waived, while Article 1267 allows a party to enforce obligations or seek termination with compensation. The legal effect of waiving these articles is that the agreement can only be terminated, not reverted to its original state.

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46 views2 pages

Waiving Article 1266 and Article 1267 Indonesia Civil Code - Mary Osmond

The document discusses the implications of waiving Articles 1266 and 1267 of the Indonesian Civil Code in agreements, allowing parties to terminate contracts without court approval in case of default. Article 1266 requires court involvement for termination unless waived, while Article 1267 allows a party to enforce obligations or seek termination with compensation. The legal effect of waiving these articles is that the agreement can only be terminated, not reverted to its original state.

Uploaded by

azzah hijaiyyah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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3/4/25, 3:13 PM Waiving Article 1266 and Article 1267 Indonesia Civil Code – Mary Osmond

Mary Osmond

Policy & Legal Consultant

Waiving Article 1266 and Article 1267 Indonesia Civil Code

April 26, 2011September 22, 2016


(https://maryosmond.com/wp-content/uploads/2011/04/law-books-and-
gavel.jpg)Most of agreements in Indonesia stipulate the waiver of Article 1266 and
1267 Civil Code because in the event of default or non-fulfillment of agreements by
one of Parties, then:

a. The parties do not have to obtain the Court approval in order to terminate the
Agreement. The termination of agreement can be conducted with the mutual consent
of those parties.(Art.1266)

b. The party can enforce other Parties to fulfill its obligation or can demand the
termination of the said agreement to the Court with compensation of cost, losses and
interest (Art.1267)

Excerpt:

Article 1266 The termination requirement always deemed that is stipulated in the reciprocal agreement, if one party does not fulfill its
obligation. In such case, the agreement isn’t null and void, but termination must be requested to the Court. The said request shall be conducted,
although the termination requirement on non-performance obligations stipulated in the agreement.

If the termination requirement isn’t stipulated in the agreement, then the Judge reviews the conditions, based on the request of the defendant;
freely provide a certain period to fulfill obligations, but that certain period cannot be longer than a month.

Article 1267 Party that his/her agreement was not fulfilled, can decide, to force other Parties to fulfill the agreement, if it still can be conducted,
or demanded the termination of agreement, with compensation of cost, losses and interest.

The legal implication of waiving these articles is that the termination of agreement cannot return the first stage, but only terminate
the agreement.

Posted in: Corporate Law | Tagged: art 1266 Indonesia Civil Code, Art 1267 Indonesia Civil Code, Indonesia Civil Code

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3/4/25, 3:13 PM Waiving Article 1266 and Article 1267 Indonesia Civil Code – Mary Osmond

2 thoughts on “Waiving Article 1266 and Article 1267 Indonesia Civil Code”

1.
THE 5TH ESTATE (@THE_5TH_ESTATE_) says: March 3, 2012 at 1:17 am REPLY
Hi, My name is Robert S. Finnegan, I am a foriegn resident (American) fulfilling my obligation under Indonesian law
requirements for Indonesian citizenship. I have lived with my wife, an Indonesian national off and on in Indonesia for 10 years
and are now here permanently.

Unfortunately, I discovered after the fact that my wife had signed a lease agreement waiving Article 1266 of the Indonesian
Civil Code and we have very serious issues with the maintenance of our rented apartment at Taman Rasuna Tower II in
downtown Jakarta.

The landlord is not fulfilling his responsibility for the maintenance of the apartment and the roof in the bathroom is leaking
and about to cave in. We cannot be held responsible for this damage – we live on the 22d Floor, and damage to other units is
very likely. The landlord has been advised of the problems and has not performed required maintenance to date, it has been
over six months.

Is there anything we may do to to get them to perform? Is there any legal remedy we may explore?

Terima Kasih,

Robert S. Finnegan
Publisher
The 5th Estate
Jakarta, Indonesia
http://www.freepeoples5thestate.com/
[email protected]
0821-23-926857
0812-98-177936

MISSJC says: March 9, 2012 at 7:31 am REPLY


Robert, it’s oke that you waive article 1266, means that you don’t need the court approval if you want to terminate your
agreement with landlord. It means that you can terminate your lease agreement without court approval.
How did you communicate with your landlord with regard to this matters? I cant give you specific advise on remedy since i
dont see your lease agreement. You may talk with him that if he agrees, that you will fix the damage and the cost will be
borne by the landlord. So you find someone to fix the damage.

BLOG AT WORDPRESS.COM.

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