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All Journal Al-Zayn: Jurnal Ilmu Sosial & Hukum International Journal of Law and Society
Dedi Wardana Nasution
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Proof of Default in Oral Loan Agreements: A Normative Analysis of Civil Law Evidence in Indonesia Paulus Dominggu Soplanit; M. Syahrul Borman; Dedi Wardana Nasution
International Journal of Law and Society Vol. 3 No. 1 (2026): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i1.853

Abstract

Oral loan agreements remain a prevalent form of contract in Indonesian society, particularly within familial relationships, friendships, and informal financial transactions. This study aims to examine the legal standing of oral loan agreements under the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUHPerdata) and to analyse the evidentiary mechanisms applicable in cases of default (wanprestasi). This research employs a normative juridical approach, utilising secondary data sources comprising legislation, legal doctrines, and relevant court decisions. The findings indicate that oral loan agreements are legally valid and binding provided they satisfy the requirements stipulated in Article 1320 of the Civil Code, namely mutual consent, legal capacity, a specific object, and a lawful cause. However, the fundamental weakness of such agreements lies in the evidentiary challenges that arise during dispute resolution. In the absence of written documentation, proof of the agreement's existence and content must rely on alternative forms of evidence, including witness testimony, acknowledgement by the parties, bank transfer records, receipts, electronic communications, and circumstantial evidence as recognised under Article 1866 of the Civil Code and the Electronic Information and Transactions Law. The success of claims in default cases largely depends on the strength, consistency, and relevance of the evidence presented. This study concludes that while oral agreements possess full legal force, parties are strongly advised to document loan transactions in writing or secure supporting evidence to ensure greater legal certainty and facilitate effective dispute resolution.
Juridical Analysis of the Crime of Illegal Cigarette Distribution According to the Excise Law Putra Nurdiansyah, Nanda; Dudik Djaja Sidarta; Dedi Wardana Nasution
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 4 No 2 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v4i2.4291

Abstract

This study is titled “Juridical Analysis of the Crime of Distributing Illegal Cigarettes According to Law on Excise” and is motivated by the widespread distribution of cigarettes without excise stamps or with counterfeit stamps, which causes state losses and disrupts economic order. The main issues examined are, first, how the legal regulations regarding excise and illegal cigarettes are according to Law Number 39 of 2007, and second, what forms of criminal liability apply to perpetrators of illegal cigarette distribution under this law. This study uses a normative juridical method with a legislative and conceptual approach, relying on primary legal materials in the form of regulations related to excise, as well as secondary legal materials in the form of books, journals, and other scientific documents. The results of this study indicate that Law No. 39 of 2007 has clearly regulated criminal sanctions for violations in the field of excise, particularly through the provisions of Articles 54 and 56, however, its implementation still faces challenges in terms of supervision and law enforcement. This research is expected to serve as a reference for improving policies to combat the circulation of illegal cigarettes and enhancing the effectiveness of excise law enforcement.
Co-Authors Dudik Djaja Sidarta M. Syahrul Borman Paulus Dominggu Soplanit Putra Nurdiansyah, Nanda