Analisis wanprestasi perjanjian secara lisan dalam pembangunan secara borongan (studi kasus putusan nomor 54/Pdt.G/2018/PN Olm

Cakra Naufally Andi Winoto, Cakra (2025) Analisis wanprestasi perjanjian secara lisan dalam pembangunan secara borongan (studi kasus putusan nomor 54/Pdt.G/2018/PN Olm. Undergraduate thesis, Universitas pembangunan nasional veteran jawa timur.

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Abstract

This study examines the issue of default in oral agreements related to contract construction by referring to the case study of Decision Number 54/Pdt.G/2018/PN Olm. In the Indonesian civil law system, oral agreements still have legal force as long as they meet the provisions stated in Article 1320 of the Civil Code. However, this type of agreement faces challenges in terms of proof if a dispute occurs between the parties involved. Using a normative legal research method that refers to the statutory and conceptual approaches, this study analyzes the legal status of oral agreements and the mechanism for resolving defaults in contract construction. The results of the study show that although legally valid, oral agreements have a higher risk of disputes due to the absence of written evidence that can strengthen the legal position of one of the parties. In the case of Decision Number 54/Pdt.G/2018/PN Olm, the judge considered various pieces of evidence to determine the validity of the agreement and the legal responsibilities that must be fulfilled by the parties. Based on the research findings, it can be concluded that although oral agreements remain legally binding, their vulnerability to conflict is higher than written agreements. Therefore, it is important for parties, especially in the business and construction sectors, to document agreements in writing to minimize the potential for legal problems in the future. Keywords: Default, Oral Agreement, Civil Law, Contract Contract, Dispute Resolution.

Item Type:

Thesis (Undergraduate)

Contributors: