KEKUATAN PEMBUKTIAN DALAM PERJANJIAN UTANG PIUTANG YANG DIBUAT SECARA LISAN (STUDI KASUS PUTUSAN NOMOR 139/PDT.G/2022/PN SGR)

Abstract

This research was conducted with the aim of (1) to know and examine the validity of the debt and credit agreement made orally by the parties in court decision number 139/Pdt.G/2022/PN Sgr, and (2) to know and examine the juridical reasons that are the basis for the judge's consideration in assessing the validity and evidentiary power of the oral agreement in decision number 139/Pdt.G/2022/PN Sgr. This research uses normative legal research, by taking a statute, conceptual, and case approach. The legal materials used primary, secondary, and tertiary legal materials as a basis for analyzing. Based on the research results obtained, it shows that (1) The validity of oral agreements in Decision Number 139/Pdt.G/2022/PN Sgr shows that the agreement made orally by Ni Nyoman Sukerni and Gede Merta Widiada is a legally valid agreement and can bind the parties as it has fulfilled the four requirements stated in the provisions of Article 1320 of the Civil Code. Then, (2) The juridical reasons that form the basis for the judge's consideration in assessing the validity of the oral agreement in Decision Number 139/Pdt.G/2022/PN Sgr are the acknowledgment of the parties and the written evidence submitted by the parties during the trial. Furthermore, in considering this, the judge based the decision on the provisions of articles 1313 and 1320 of the Civil Code as well as the principle of freedom to contract, thus it can be understood that the oral agreement in Decision Number 139/Pdt.G/2022/PN Sgr can have strong evidentiary power as long as there is acknowledgment from the parties and is supported by other evidence, namely written evidence.