Academia Open
Vol 8 No 1 (2023): June

First Resort: Alternative Dispute Resolution for Breach of Verbal Purchase Agreements

Anggun Sukma (University Muhammadiyah Sidoarjo)
Sri Budi Purwaningsih (Universitas Muhammadiyah Sidoarjo)



Article Info

Publish Date
26 Jun 2023

Abstract

Disputes over breach of verbal purchase agreements often occur in society, particularly in the business sector. The purpose of this study is to analyze efforts to resolve such disputes based on Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. The research method used is normative research. The results of this study show that efforts to resolve disputes over breach of verbal purchase agreements can be carried out through non-litigation based on the selection of Alternative Dispute Resolution methods, such as Negotiation, Mediation, Conciliation, and Arbitration based on Law No. 30/1999. Non-litigation resolution is intended as the first resort and considers the court as a last resort, in addition, the evidence tools as regulated in Article 1866 of the Civil Code need to be presented because the agreement was made verbally. Highlights : Disputes over breach of verbal purchase agreements are common in the business sector. Alternative Dispute Resolution methods such as negotiation, mediation, conciliation, and arbitration can be used to resolve disputes based on Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Non-litigation resolution is the preferred approach, with the court being considered as a last resort, and evidence tools as regulated in Article 1866 of the Civil Code need to be presented for verbal agreements. Keywords: Alternative Dispute Resolution, Verbal Purchase Agreements, Non-litigation, Law No. 30/1999, Evidence Tools

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Journal Info

Abbrev

acopen

Publisher

Subject

Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Physics Social Sciences Other

Description

Academia Open is published by Universitas Muhammadiyah Sidoarjo published 2 (two) issues per year (June and December). This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This ...