By: Lulus Purna Malintang
Theoretically, an agreement can be divided into two forms, namely agreements made orally, and agreements made in writing. An oral agreement is an agreement made and agreed orally by the parties. While the written agreement is made in written form and can be in the form of an underhand deed or an authentic deed. There is no special arrangement made that an agreement must be made in writing, because basically both forms of agreement have valid legal force, because Article 1320 of the Civil Code only stipulates that the validity of an agreement must meet four elements, namely agreement, skill, a certain thing, and a lawful cause.
Agreement is an activity that cannot be separated from people’s lives. The community can be very helpful in carrying out all activities related to the economy, business, whether in the form of borrowing, buying and selling, or any activity that requires an agreement. The provisions in article 1233 of the Civil Code states that “Every contract is either due to an agreement or due to law”. Agreement on the main things that are the object of the agreement, this is a form of freedom of contract as regulated in Article 1338 of the Civil Code.
In practice, people often make verbal agreements, especially lending and borrowing agreements, because they are so easy to do without having to make them in front of a notary. This verbal loan agreement is made on the basis of the trust of the parties. A loan-borrowing agreement can be implemented and can be implemented properly if the parties can fulfill the loan-borrowing agreement regarding the terms and obligations of the parties, as agreed without any of the parties being harmed in this loan-borrowing agreement. However, this can be a legal problem if the verbal agreement is not limited in time. If there is a default, this can harm the creditor and debtor because there is no legal certainty, the creditor can be harmed because there is no certainty in getting his achievements, while the debtor can also be harmed by the creditor who can benefit in collecting his achievements.
From the data, it can be found a solution that in ensuring the implementation of the Oral agreement, among others, it is hoped that the parties can carry out good faith to avoid an act that deviates from the rules contained in the agreement. In making an oral agreement, it is necessary to specify explicitly when the deadline for return period is, if the provisions are not contained, The Return Period of an agreement can be seen from the substance of the agreement, the background of the agreement, then what is the object of the agreement used for. Then the determination of return period can also be seen from the evidence owned by the parties in the agreement.
An oral agreement is still valid and has legal force, but if there is a dispute between the parties, the proof is difficult, especially in an oral agreement that does not have a deadline for return period. Therefore, to avoid non-performance of the contract of the parties, it is necessary to ensure certainty regarding the rights and obligations of each party. So that in a debt agreement, a written agreement is still needed, namely an underhand agreement and it is still necessary to regulate the return period of an agreement from an addendum. The determination of the return period of an agreement can be seen from the background of the agreement as well as the background of the parties who are bound which will be useful for legal certainty and as strong and valid evidence if a problem occurs between the parties.
Author: Lulus Purna Malintang, alumnus of Faculty of Law- University of Brawijaya, Now pursuing the world of entrepreneurship of SPBU as Deputy Director of CV Sapto Makmur
