Indonesian Journal of Law and Economics Review
Vol. 21 No. 1 (2026): February

The Risk of Breach of Contract in Fish Trading Practices Without Payment Guarantees at the Sidoarjo Fish Auction Site : Risiko Wanprestasi dalam Praktik Jual Beli Ikan Tanpa Jaminan Pembayaran di Tempat Pelelangan Ikan Sidoarjo

Muhammad Adil ‘Azmi (Program Studi Ilmu Hukum. Universitas Muhammadiyah Sidoarjo)
Sri Budi Purwaningsih (Program Studi Hukum, Universitas Muhammadiyah Sidoarjo)



Article Info

Publish Date
18 Sep 2026

Abstract

General Background: Fish trading activities at the Sidoarjo Fish Auction Site (TPI Sidoarjo) commonly rely on oral agreements and mutual trust between borg and pengkulak. Specific Background: These transactions are frequently conducted without payment guarantees, particularly when trusted pengkulak receive payment terms that allow settlement after the fish has been sold. Knowledge Gap: Existing studies have discussed breach of contract, creditor protection, oral agreements, and fish trading practices, but limited attention has been given to the specific characteristics and legal risks of uncollateralized fish transactions at TPI Sidoarjo. Aims: This study examines breach of contract risks in fish trading without payment guarantees and analyzes the role of TPI supervisors in assisting dispute resolution. Results: Using an empirical socio-legal approach supported by statutory and conceptual approaches, the study draws on semi-structured interviews with 21 informants consisting of 10 borgs, 10 pengkulak, and 1 TPI supervisor. The findings show that oral agreements remain legally valid when the requirements of Article 1320 of the Indonesian Civil Code are fulfilled. The most common form of default is delayed payment, while total payment failure occurs less frequently. Delayed payment disrupts borgs' working capital, delays payments to fishermen, increases collection costs, and creates the possibility of accumulated or uncollectible receivables. TPI supervisors primarily facilitate deliberation without authority to impose legal sanctions. Novelty: The study connects empirical trading practices at TPI Sidoarjo with Indonesian contract law and the practical role of TPI supervision in dispute resolution. Implications: The findings highlight the need for more orderly transaction records, controlled payment terms, and continued good-faith fulfillment of contractual obligations. Key Findings Highlights Oral Transactions Remain Legally Valid Under Article 1320. Delayed Payment Is the Dominant Form of Default. TPI Supervisors Facilitate Deliberation Without Sanctioning Authority. Keywords : Breach Of Contract, Fish Trading, Payment Guarantees, Contract Law, TPI Sidoarjo

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Journal Info

Abbrev

ijler

Publisher

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Law and Economics Review (IJLER) is published by Universitas Muhammadiyah Sidoarjo four times a year. 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 ...