Warkat
Vol. 5 No. 2 (2025): Desember

The Legal Validity of Oral Agreements in Online Arisan Practices: Kekuatan Hukum Perjanjian Tidak Tertulis (Lisan) dalam Arisan Online

Widjanarko, Wildan Kristanto (Unknown)
Djumikasih (Unknown)
Nurhayati, Prawatya Ido (Unknown)



Article Info

Publish Date
24 Dec 2025

Abstract

This study examines the legal validity of oral agreements in electronic-based arisan practices, commonly known as “online arisan.” The issue arises due to the lack of clear and comprehensive regulations governing online arisan, despite its rapid growth in Indonesia. This regulatory gap has resulted in frequent acts of default by both organizers and participants. Although online arisan is based on contractual agreements between members and organizers, its implementation must also comply with the Electronic Information and Transactions Law (ITE Law), as the activities are carried out electronically. However, because online arisan is a relatively recent development, it has not been fully regulated under the ITE Law. Oral agreements in online arisan remain legally valid, as they meet the essential requirements for a binding contract under the Indonesian Civil Code. This is supported by Article 5(4) of the ITE Law, which affirms that online agreements do not always need to be made in writing. Nevertheless, oral agreements have limitations in evidentiary strength when disputes or breaches of contract arise. This study emphasizes the need for clearer and more detailed legal regulations to ensure legal certainty and protection for both organizers and participants in online arisan practices.

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Journal Info

Abbrev

warkat

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Warkat is open access, double-blind peer-reviewed journal of Notary Science published by the Faculty of Law, Universitas Brawijaya biannual in June and December. Warkat is a forum for lecturers, researchers, and practitioners to publish research results or book review results. Realizing the global ...