Indira, Anne (2022) ANALISIS YURIDIS PEMBUKTIAN PERJANJIAN LISAN DALAM PERJANJIAN KERJASAMA USAHA YANG BERORIENTASI KEPADA TEORI KEADILAN BERMARTABAT (Studi Putusan Nomor 188 / Pdt.G / 2017 / PN Smn). Bachelor thesis, Universitas Pelita Harapan.
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Abstract
Agreements refers to an activity that is very common in social life. An agreement is a form of
legal relationship that is often carried out in daily life (sales and purchase, borrowing,
business agreement, etc). The law of treaties in force in the Republic of Indonesia adheres to
the principle of freedom of contract which means that freedom is given to everyone without
exception to make agreements, with the content determined by the parties, as long as they
do not violate any laws and regulations, public order and morality. In general, the
agreement is made in writing between the parties involved in the agreement. The written
agreement is intended to provide legal certainly for both parties if at any time there is a
dispute between them. Agreement can be in oral form and can be written form. The
conclusions of this study are: 1. That the Gentleman Agreement is legally valid because
KUHPer provides legal protection to all parties who made an agreement or an agreement
based on good intentions. Legal validity can be determined by the binding basis used by the
parties that made it, because the positive law does not provide restrictions regarding a
business agreement must be made and stated in written form, except certain agreements
stipulated under law other laws which are derivatives or lex specialis from KUHper. An oral
agreement between two or more parties is considered valid if it has been made on the basis
of good intentions and remains in the corridor of Article 1320 of the Indonesian Criminal
Code. Such an agreement has the same legal force as a written contract, because it was
based on Article 1338 of the Indonesian Criminal Code, which states that agreements
entered into in writing must be faithfully executed (pacta sunt servanda), 2. The verification
process for an oral agreement is basically that the Criminal Code does not specifically
stipulate that the agreement must be made black and white. An unwritten agreement, proof
of an agreement between the parties is the main objective in seeking formal truth. In
practice, those who want to prove that an agreement has been made on an unwritten
agreement is to submit witnesses who are considered to have known, witnessed and heard
the incident first hand. In the process of listening to witness testimony, the parties still
adhered to Unus Testis Nullus Testis–that is, one witness is not enough, and must be added
with other evidence. Therefore all evidence must me considered together so as not to let any
one piece of information sway one’s judgement. However, this principle can be applied only
if there’s a good exchange betweet both parties, otherwise it would be considered a legal
fiction rather than a binding contract.
Item Type: | Thesis (Bachelor) |
---|---|
Creators: | Creators NIM Email ORCID Indira, Anne 01051170043 annegracia99@gmail.com UNSPECIFIED |
Contributors: | Contribution Contributors NIDN/NIDK Email Thesis advisor Prasetyo, Teguh 0606076101 UNSPECIFIED Thesis advisor Gultom, Hosiana 0316048103 UNSPECIFIED |
Uncontrolled Keywords: | Contract; Gentleman Agreement; Business |
Subjects: | K Law > K Law (General) |
Divisions: | University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law Current > Faculty/School - UPH Karawaci > Faculty of Law > Law |
Depositing User: | Anne Gracia Indira |
Date Deposited: | 07 Sep 2022 06:57 |
Last Modified: | 07 Sep 2022 06:57 |
URI: | http://repository.uph.edu/id/eprint/50277 |