KESEPAKATAN TIDAK TERTULIS PADA HUKUM PERIKATAN DAN HUKUM BISNIS

Abstract

An unwritten agreement or oral agreement is an agreement made only based on the
agreement of the parties orally without any written evidence. The legal implications
of this unwritten agreement are an important concern in legal practice. Article
1320 KUHPerdata stipulates that for the validity of an agreement four conditions
are required: agreement of the parties, capacity to make an obligation, a certain
matter, and a lawful cause. In addition, evidence by witnesses, testimony,
confession, and oath. However, written evidence is not the only evidence that can
be used in proving an agreement. The court can also accept other valid evidence to
prove the existence of an agreement, such as electronic evidence, testimony, and
assumptions. Therefore, in legal practice, it is important to understand the legal
implications of unwritten agreements and the ways to prove them in court.

Keywords: Implications, Unwritten Agreement, Business Law