Deanna Fitri Roshandi
Unknown Affiliation

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

Analisis Keabsahan Perjanjian Lisan Menurut Hukum Perdata di Indonesia Deanna Fitri Roshandi
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 2 No. 4 (2025): Agustus: Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v2i4.1195

Abstract

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.
Analysis of the Legal Validity of Oral Agreements Under Civil Law in Indonesia: Implications and Judicial Practices Deanna Fitri Roshandi
Jurnal Ilmu Bahasa dan Pendidikan Guru Sekolah Dasar Vol. 1 No. 3 (2025): Juli : Jurnal Ilmu Bahasa dan Pendidikan Guru Sekolah Dasar
Publisher : Asosiasi Periset Bahasa Sastra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/jibpgsd.v1i3.139

Abstract

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.
Analysis of the Validity of Oral Agreements According to Civil Law in Indonesia Deanna Fitri Roshandi
Law and Justice research journal Vol. 1 No. 3 (2025): July : Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v1i3.83

Abstract

In everyday life, the practice of making agreements often occurs informally and without written documentation, particularly in casual social interactions and economic activities. This raises important legal questions regarding whether verbal agreements hold valid legal force. The purpose of this study is to examine the legal status of verbal agreements under Indonesian civil law, particularly in relation to the requirements for the validity of an agreement as outlined in Article 1320 of the Civil Code (KUHPerdata). The study employs a normative juridical approach, focusing on legal provisions and legal doctrines to explore the issue. According to the findings, while verbal agreements are legally binding, they must still meet the requirements stipulated in Article 1320 of the Civil Code. These requirements include mutual consent, the capability of the parties involved, a lawful object, and a legal cause. Despite the lack of a written record, verbal agreements can still be considered valid as long as these criteria are met. However, a significant challenge arises when disputes occur, as proving the existence and terms of a verbal agreement can be difficult without written evidence. This is where the importance of written agreements comes into play, as they provide stronger legal protection in case of legal conflicts. The study also highlights that although Indonesian civil law recognizes verbal agreements, it strongly encourages parties to formalize agreements in writing to avoid ambiguity and ensure legal certainty. In conclusion, while verbal agreements are valid under the law, the need for written documentation is crucial for protecting the interests of the parties involved and providing clear evidence in the event of a legal dispute.