Sharing: Journal Of Islamic Economics, Management And Business
Vol. 5 No. 2 (2026): Juni, 2026

Eksistensi Kontrak Lisan Dalam Hukum Komersial Indonesia:Tantangan Pembuktian Dalam Sengketa Bisnis

Khairani Alawiyah Matondang (Universitas Negeri Medan)
Juanda Maulana (Universitas Negeri Medan)
Tegar Efraim Gilbert Siahaan (Universitas Negeri Medan)
Alawi Parlindungan Hasibuan (Universitas Negeri Medan)



Article Info

Publish Date
25 Jun 2026

Abstract

This study aims to analyze the legal status of oral contracts in the Indonesian commercial legal system, identify the challenges of proving them in business disputes, and examine relevant dispute resolution mechanisms. The method used is normative legal research with a qualitative approach. Data were obtained through a literature review covering primary, secondary, and tertiary legal materials, such as laws and regulations, court decisions, books, and scientific journals related to oral contracts and the law of evidence. Data analysis was conducted descriptively and qualitatively through a statutory, conceptual, and case approach. The results show that oral contracts have valid and binding legal standing based on the principle of consensualism and the provisions of Article 1320 of the Civil Code. However, in dispute resolution practice, oral contracts face serious obstacles in the aspect of proof because they are not supported by strong written evidence. The presence of electronic evidence, such as digital messages and communication recordings, is an important alternative in strengthening evidence. Therefore, supporting documentation and regulatory updates are needed to increase legal certainty and protection for parties in business relationships.

Copyrights © 2026






Journal Info

Abbrev

sharing

Publisher

Subject

Economics, Econometrics & Finance

Description

Journal title : Sharing: Journal of Islamic Economics, Management and Business Initials : Sharing Frequency : 2 issues per Year P-ISSN : 2964-8645 E-ISSN : 2985-3370 Editor in Chief : Dr. Mohd. Winario Publisher : Department of Islamic Economics, Universitas Pahlawan Tuanku ...