Jurnal Litigasi Amsir
2023: (Special Issue) September-Oktober

Kajian Yuridis Terhadap Perjanjian Utang Piutang Tidak Tertulis

Muhammad Fikri Ramadhan (Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada)
Kairuddin Karim (Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada)
Auliah Ambarwati (Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada)



Article Info

Publish Date
07 Sep 2023

Abstract

This study aims to determine the legal basis that can bind unwritten debt agreements and to determine the strength of unwritten debt agreements as evidence. This study uses a type of normative legal research with a statutory approach and an analytical approach by examining and analyzing the legal issues being faced. The results of the research show that the legal basis that binds an unwritten debt agreement is contained in article 1313 of the Civil Code which states that an agreement is an act by which one or more parties bind themselves to another or more people. So the unwritten debt agreement must comply with the legal requirements of an agreement by Article 1320 of the Civil Code. And legally valid agreements apply as laws for those who make them, this is by Article 1338 Paragraph (1). For evidence that can be used in the event of a default on one of the parties, that is, you can use evidence of testimony (by bringing in more than one witness) and can be strengthened by electronic mail evidence.

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Journal Info

Abbrev

julia

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Litigasi Amsir (JULIA), is a peer-reviewed journal published by the Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada. JULIA is published four times a year in February, May, August, and November. This journal provides direct open access to content on the principle of free ...