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Deanna Fitri Roshandi

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Agreements are an important instrument in everyday life, both in the social and economic spheres. In practice, agreements are not always made in written form, but are often made orally. This phenomenon raises legal questions about whether oral agreements have valid legal force and can be used as a basis for dispute resolution. This study aims to analyze the legal status of oral agreements from the perspective of Indonesian civil law by referring to Article 1320 of the Civil Code (KUHPerdata), which regulates the requirements for a valid agreement. The research method used is normative juridical with an approach to relevant laws and legal doctrines. The results of the study indicate that oral agreements remain legally valid as long as they meet the four requirements for a valid agreement: agreement of the parties, capacity to enter into an agreement, the existence of a specific object, and a lawful cause. However, the main problem arising from oral agreements is the difficulty in proving them when disputes arise, given the lack of written evidence that can be used as a basis before the law. Therefore, although civil law does not require a written form for the validity of an agreement, writing an agreement is still recommended to provide legal certainty, facilitate proof, and protect the interests of the parties. This finding underscores the importance of public legal awareness in choosing a form of agreement that is safer and has stronger evidentiary force.

Deanna Fitri Roshandi

Jurnal Ilmu Bahasa dan Pendidikan Guru Sekolah Dasar 2025 Asosiasi Periset Bahasa Sastra Indonesia

In everyday life, agreements are frequently made without written documentation, especially in informal social interactions and economic activities. This raises important legal questions regarding the validity of verbal agreements. In Indonesia, the legal status of such agreements is governed by the Civil Code (KUHPerdata), particularly Article 1320, which outlines the requirements for the validity of an agreement. This article stipulates that an agreement must fulfill four conditions: consent, the capability of the parties, a certain subject matter, and a lawful cause. Despite the absence of written documentation, verbal agreements are considered legally valid in Indonesia as long as they meet these four requirements. The primary challenge, however, lies in the difficulty of proving the existence and terms of verbal agreements, particularly in cases of dispute. Since oral contracts lack physical evidence, parties involved may face difficulties in substantiating their claims in court. This makes verbal agreements vulnerable to legal challenges, as the burden of proof falls on the party asserting the agreement. In light of these challenges, it is advisable for parties involved in significant transactions or agreements to document their commitments in writing. A written agreement provides clear evidence of the terms and conditions agreed upon by the parties and serves as a safeguard in case of legal disputes. Although verbal agreements can hold legal weight, having written records is considered a better practice for ensuring legal protection and preventing potential conflicts. This study concludes that while verbal agreements are legally valid under Indonesian civil law, their enforceability can be compromised by the lack of written documentation, making written agreements a more secure option for all parties involved.

Bella Putri Sakinah

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

In everyday life, the practice of making agreements is often done simply without written form, especially in social interactions and informal economic activities. This raises legal questions about whether agreements made orally have valid legal force. This study aims to understand the legal position of oral agreements from the perspective of Indonesian civil law, especially regarding the requirements for the validity of an agreement based on the provisions of Article 1320 of the Civil Code (KUHPerdata). This study uses a normative juridical method, with an approach to laws and legal doctrine. The results of the study show that even though they are not made in writing, oral agreements are still valid as long as they meet the applicable legal requirements. However, the problem that often arises lies in the difficulty of proof when peace occurs. Therefore, it is important for parties to consider written records as a form of legal protection.