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Agustina Balik
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The Legal Dynamics of Pacta Sunt Servanda in Community Agreements Wijaya Natalia Panjaitan; Agustina Balik; Nabila, Syadzwina Hindun
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.2995

Abstract

Pacta Sunt Seravanda is one of the principles applied in agreements made by the community. However, the fact is that many people do not know about this principle when making transactions in agreements. This study aims to examine the implementation of the Pacta Sunt Servanda Principle in the Agreement of the Sawai Village Community, North Seram District, Central Maluku Regency. The research method used is sociological legal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods. The implementation of the principle of pacta sunt servanda in Sawai Village, North Seram District, Central Maluku Regency, both in land rights agreements and other agreements in the community must always be socialized as a form of binding agreements that are often made by the community in order to minimize disputes because one party feels disadvantaged and wants to renege on the agreement.
Agreement Between Communities: Tradition and Practice in Sawai Village, North Seram Sub-District, Central Maluku Nabila, Syadzwina Hindun; Agustina Balik; Wijaya Natalia Panjaitan
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3627

Abstract

This research aims to examine and analyze the Solutions in Conflict Resolution over Agreements made by the Community of Sawai Village, North Seram District, Central Maluku Regency. Agreements are part of the relationships between citizens in their daily lives. The agreements used by the community of Sawai Village, Central Maluku Regency, often rely on verbal agreements and frequently depend on trust and individual reputation within the community, where verbal agreements are considered complete upon the delivery and acceptance of an item. The agreements made are often unwritten and based on social norms and traditions. Sawai Village, as the oldest village in Maluku, is surrounded by natural beauty rich in marine resources and forests, and has a strong social structure, where social norms and customs function as regulators of behavior and interactions among individuals. The use of verbal agreements also has the potential to harm both parties. One of them is the lack of verifiable evidence in case of a dispute. This ambiguity can lead to conflicts between parties, where each individual may have a different interpretation of the contents of the agreement. Without written documentation, the dispute resolution process becomes difficult and often relies on witness testimony, which can vary. The research method used is sociological legal research, which is a combination of doctrinal legal research methods and empirical legal research methods. The results of this research indicate that the spoken agreements made by the community in Sawai Village are a phenomenon that reflects strong social and cultural values, and serve as a practical transaction tool in daily life. Although its validity is recognized by law, the main challenge lies in proving and enforcing it when disputes arise.