Research Horizon
Vol. 6 No. 4 (2026): Research Horizon - Agustus 2026

Legal Validity of Civil Servant Candidate Assistance Agreements Under Article 1320 of the Indonesian Civil Code

Yuliasara Isnaeni (Universitas Jayabaya, Indonesia)
Husna Sudarsono (Universitas Jayabaya, Indonesia)



Article Info

Publish Date
25 Aug 2026

Abstract

“Assistance-to-pass” agreements in the civil servant candidates selection process raise legal issues concerning freedom of contract and the requirement that contractual purposes comply with legal norms, morality, and public order. This study aims to examine the validity of “assistance-to-pass” agreements in the civil servant candidates selection process based on the objective requirement of a lawful cause as provided under Article 1320 of the Indonesian Civil Code, as well as to analyze the legal reasoning of the Panel of Judges in Decision Number 21/Pdt.G/2025/PN Mlg concerning the legal status of such agreements. This research employs a normative juridical method using statutory and case approaches, with primary legal materials consisting of the Civil Code and the court decision, supported by relevant legal literature. The findings indicate that the “assistance-to-pass” agreement is void because its purpose and underlying cause contravene legal provisions, morality, and public order under Articles 1335 and 1337 of the Civil Code. Nevertheless, the panel of judges ordered the return of the plaintiff’s funds because the defendant retained them without a valid legal basis. The decision confirms that an unlawful agreement does not justify the retention of another party’s assets.

Copyrights © 2026






Journal Info

Abbrev

RH

Publisher

Subject

Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to make significant contributions to applied research and knowledge across the globe through the publication of original and high-quality research articles. It publishes original research articles, reviews, mini-reviews, case reports, letters to the editor, and commentaries, thereby ...