KEKUATAN PEMBUKTIAN PERJANJIAN SECARA LISAN DALAM PERKARA PERJANJIAN HUTANG PIUTANG (Studi Putusan Nomor 146/Pdt.G/2021/PN BPP Pengadilan Negeri Kota Balikpapan)

Purnawan, Akbar Hamdani Wahyu Jati (2025) KEKUATAN PEMBUKTIAN PERJANJIAN SECARA LISAN DALAM PERKARA PERJANJIAN HUTANG PIUTANG (Studi Putusan Nomor 146/Pdt.G/2021/PN BPP Pengadilan Negeri Kota Balikpapan). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Oral agreements in civil practice are often used in everyday life, especially in relationships based on trust. This research examines the evidentiary strength of oral debt and credit agreements through a study of Decision Number 146/Pdt.G/2021/PN BPP. This research uses a normative juridical method with statutory, case, and conceptual approaches. The results showed that even though it is not written, an oral agreement is still legally recognized as long as it meets the legal requirements of an agreement according to Article 1320 of the Civil Code. In this case, the Panel of Judges considered that the legal relationship between the creditor and debtor was proven through evidence of fund transfers, correspondence, and testimony, so the oral agreement had sufficient evidentiary power. However, the application for security seizure against the shares was rejected because it contradicted the guidelines of the Supreme Court and was related to the public interest in the electricity sector. This study concludes that although oral agreements have legal force, it is still recommended to be put in writing to ensure legal certainty and facilitate proof in court. Keywords: Oral Agreement, Evidence, Accounts Payable, Default.

Item Type:

Thesis (Undergraduate)

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