Penggunaan Perjanjian Tidak Tertulis Dalam Hubungan Kegiatan Bisnis
), Sarah Selfina Kuahaty(2), Marselo Valentino Geovani Pariela(3)
(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: Article 1320 of the Civil Code, there is no provision requiring a written agreement as a condition for the validity of the agreement, in other words, oral agreements still have legal validity. Based on the concept of pacta sunt servanda which mandates that agreements must be obeyed. It can be seen in the case of compensation for fees for the ADB IPA procurement project between H. Mubin Raja Dewa as the plaintiff and Karlan A. Manessa in Palu City, various methods were used by the plaintiff to resolve the problem but the defendant did not show good faith.
Purposes of the Research: As a result, the plaintiff filed a lawsuit demanding an unconditional refund. To find out and explain the legal consequences of using unwritten agreements in business relationships and to find out the form of responsibility of the parties for losses incurred as a result of the use of unwritten agreements in business relationships.
Methods of the Research: The legal research method used for this research is based on primary, secondary and tertiary legal materials, and uses a statutory approach, a conceptual approach and a case approach.
Results of the Research: The research results in this case, there are three forms of legal consequences, namely the emergence of a legal situation through an event which is alleged to be a legal act, the emergence of a legal relationship between two or more people and a legal entity, thirdly the emergence of sanctions if there is an action that is contrary to the law and based on the action. what has been done by Karlan A. Manessa must take individual responsibility for the violations he himself committed by paying compensation for the plaintiff's lossesKeywords
DOI
10.47268/tatohi.v4i9.2494
Published
2024-11-15
How To Cite
@article{TATOHI2494,
author = {Yuliana La Madi and Sarah Kuahaty and Marselo Pariela},
title = {Penggunaan Perjanjian Tidak Tertulis Dalam Hubungan Kegiatan Bisnis},
journal = {TATOHI: Jurnal Ilmu Hukum},
volume = {4},
number = {9},
year = {2024},
keywords = {Covenant; Unwritten; Business},
abstract = {Introduction: Article 1320 of the Civil Code, there is no provision requiring a written agreement as a condition for the validity of the agreement, in other words, oral agreements still have legal validity. Based on the concept of pacta sunt servanda which mandates that agreements must be obeyed. It can be seen in the case of compensation for fees for the ADB IPA procurement project between H. Mubin Raja Dewa as the plaintiff and Karlan A. Manessa in Palu City, various methods were used by the plaintiff to resolve the problem but the defendant did not show good faith.Purposes of the Research: As a result, the plaintiff filed a lawsuit demanding an unconditional refund. To find out and explain the legal consequences of using unwritten agreements in business relationships and to find out the form of responsibility of the parties for losses incurred as a result of the use of unwritten agreements in business relationships.Methods of the Research: The legal research method used for this research is based on primary, secondary and tertiary legal materials, and uses a statutory approach, a conceptual approach and a case approach.Results of the Research: The research results in this case, there are three forms of legal consequences, namely the emergence of a legal situation through an event which is alleged to be a legal act, the emergence of a legal relationship between two or more people and a legal entity, thirdly the emergence of sanctions if there is an action that is contrary to the law and based on the action. what has been done by Karlan A. Manessa must take individual responsibility for the violations he himself committed by paying compensation for the plaintiff's losses},
issn = {2775-619X}, pages = {745--756} doi = {10.47268/tatohi.v4i9.2494},
url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2494}
}
Jurnal
Sa’adah, Nur, (2018), Akibat Hukum Pembuktian Perjanjian Tidak Tertulis, Jurnal Pamulang Law Review 1, no. 2.
Bandem, I Wayan, Wayan Wisadnya, and Timoteus Mordan, (2020), Akibat Hukum Perbuatan Wanprestasi dalam Perjanjian Hutang-Piutang, Jurnal Ilmiah Raad Kertha 3.1.
Alizon, Joni, (2020), Rekonstruksi Pelaksanaan Eksekusi Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019, Eksekusi 2.1.
Syafrida, Syafrida, and M, T, Marbun, (2020), Pertanggungjawaban Pelaku Usaha Melakukan Perbuatan Yang Dilarang Dalam Kegiatan Usaha Berdasarkan Pasal 8 Juncto 19 Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen, National Journal of Law 3, no. 2, 261–273.
Kalalo, Flora Pricilla, and Anna S Wahongan, (2021), Pertanggungjawaban Pelaku Usaha Terhadap Konsumen yang dirugikan Atas Kerusakan Barang ditinjau dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen, Lex Privatum IX, no. 4, 151–157.
Buku
Johannes, Ibrahim dan Sewu, Lindawaty, (2007), Hukum Bisnis Dalam Persepsi Manusia Modern, PT. Refika Aditama, Bandung.
Mahmud Marzuki, Peter, (2007), Penelitian Hukum, Kencana, Jakarta.
Dirdjosiswono, Soedjono, (2010), Pengantar Ilmu Hukum, PT. Raja Grafindo Tinggi, Jakarta.
Soeroso, R, (2011), Pengantar Ilmu Hukum, Sinar Grafika, Jakarta.
_________, (2010), Perjanjian dibawah Tangan Pedoman Praktis Pembuatan dan Aplikasi Hukum, Sinar Grafika, Jakarta.
Widiyono, Try, (2004), Wewenang dan Tanggung Jawab, Ghalia Indonesia, Bogor.
Mahmud Marzuki, Peter, (2007), Penelitian Hukum, Kencana, Jakarta.
Online/World Wide Web Dan Lain-Lain
Vijayantera, Agus, (2020), Kajian Hukum Terhadap Penggunaan Perjanjian Tidak Tertulis Dalam Kegiatan Bisnis. Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 53,no. 9, 1689–1699. https://learnquantum.com/EDU/index.html%0Ahttp://publications.lib.chalmers.se/records/fulltext/245180/245180.pdf%0Ahttps://hdl.handle.net/20.500.12380/245180%0Ahttp://dx.doi.org/10.1016/j.jsames.2011.03.003%0Ahttps://doi.org/10.1016/j.gr.2017.08.001%0Ahttp
https://putusan3.mahkamahagung.go.id/direktori/putusan/8233dec02c2f40fdcc208cbd41597791.htmlkbbi.web.id
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Penggunaan Perjanjian Tidak Tertulis Dalam Hubungan Kegiatan Bisnis |
| 2. | Creator | Author's name, affiliation, country | Yuliana La Madi; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Sarah Selfina Kuahaty; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Marselo Valentino Geovani Pariela; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Covenant; Unwritten; Business |
| 4. | Description | Abstract | Introduction: Article 1320 of the Civil Code, there is no provision requiring a written agreement as a condition for the validity of the agreement, in other words, oral agreements still have legal validity. Based on the concept of pacta sunt servanda which mandates that agreements must be obeyed. It can be seen in the case of compensation for fees for the ADB IPA procurement project between H. Mubin Raja Dewa as the plaintiff and Karlan A. Manessa in Palu City, various methods were used by the plaintiff to resolve the problem but the defendant did not show good faith.Purposes of the Research: As a result, the plaintiff filed a lawsuit demanding an unconditional refund. To find out and explain the legal consequences of using unwritten agreements in business relationships and to find out the form of responsibility of the parties for losses incurred as a result of the use of unwritten agreements in business relationships.Methods of the Research: The legal research method used for this research is based on primary, secondary and tertiary legal materials, and uses a statutory approach, a conceptual approach and a case approach.Results of the Research: The research results in this case, there are three forms of legal consequences, namely the emergence of a legal situation through an event which is alleged to be a legal act, the emergence of a legal relationship between two or more people and a legal entity, thirdly the emergence of sanctions if there is an action that is contrary to the law and based on the action. what has been done by Karlan A. Manessa must take individual responsibility for the violations he himself committed by paying compensation for the plaintiff's losses |
| 5. | Publisher | Organizing agency, location | Faculty of Law Pattimura University |
| 6. | Contributor | Sponsor(s) | Universitas Pattimura |
| 7. | Date | (YYYY-MM-DD) | 2024-11-15 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2494 |
| 10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v4i9.2494 |
| 11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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Copyright (c) 2024 Yuliana La Madi, Sarah Selfina Kuahaty, Marselo Valentino Geovani Pariela
License URL: https://creativecommons.org/licenses/by-nc/4.0
