A few years ago I signed an agreement with a colleague. The contract contained my signature and my colleague, and witnesses brought by both parties (me and my colleague). Three years have passed and a good friend of mines said the contract is invalid as I did not sign the contract on top of a stamp.
Is this true. Is the contract invalid as I did not sign the contract on top of a seal?
Rusman, in Jakarta
The agreement is valid if it meets the terms of validity of an agreement. They are:
1. There is an agreement from the parties to bind themselves
2. The parties are competent to make agreements.
3. The existence of a matter agreed upon.
4. The agreement must be permissible or halal.
Stamps in contracts according to the law are document tax. Therefore, stamps don’t function as a means that validates an agreement or a contract. They are tax for documents that will be presented as evidence at court. However, the law obliges stamps in agreements and contracts as a form of compliance with the law on tax.
Nur Hariandi Tusni, SH., MH.