Social Sciences Journal
Vol. 3 No. 2 (2026): August

Legal Protection for the Parties to an Oral Agreement

Hurairah Hurairah (Universitas Dehasen Bengkulu)
Ferawati Royani (Universitas Dehasen Bengkulu)



Article Info

Publish Date
20 Aug 2026

Abstract

Oral agreements remain a common practice in Indonesian society, particularly in daily transactions such as sale and purchase, lease, and debt arrangements. Although Article 1320 of the Indonesian Civil Code (KUHPerdata) does not require a written form for the validity of an agreement, oral agreements often raise legal problems, especially regarding evidence when a breach of contract or dispute occurs between the parties. This study aims to examine the legal protection available to parties in oral agreements and to analyze the evidentiary mechanisms and dispute resolution options available in the event of breach of contract. Using a normative juridical research method with statute and conceptual approaches, this study finds that oral agreements remain legally binding as long as they fulfill the requirements of Article 1320 of the Civil Code, although their evidentiary strength is considerably weaker than written agreements. Legal protection can be provided through witness testimony, admission, and judicial presumption in accordance with the Indonesian Code of Civil Procedure. This study concludes that strengthening public legal awareness regarding supporting evidence is essential to protect the rights of parties who enter into oral agreements.

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Journal Info

Abbrev

SOSJ

Publisher

Subject

Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Social Sciences Journal welcomes high quality contributions investigating topics in the fields of Communication Sciences, Economics, Psychology, Law, Education, Political Science, Sociology, Administrative Sciences, Social Work and many more, from theoretical, empirical and critical perspectives. ...