Ariawan, Ferdy Novra (2025) Perlindungan Hukum Perjanjian Kerjasama Secara Lisan Penitipan Penjualan Ditinjau Dari Asas Itikad Baik Dalam Berkontrak). Masters thesis, Universitas Islam Riau.

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Abstract

This study aims to determine the validity of verbal agreements in the product consignment practice between Nascam Bang Ndut Chicken Skin Chips and Cafe Monocrom Pekanbaru, as viewed from the perspective of the Civil Code (KUHPerdata). This phenomenon is interesting to study because in practice, these cooperation agreements are carried out without a written agreement but still operate well based on trust between the parties. The research method used is empirical legal research with a normative juridical and sociological approach. Data were obtained through field observations, interviews, and a literature review of laws and civil law literature related to agreements. Data analysis was conducted using descriptive qualitative methods by comparing the positive legal provisions in the Civil Code with actual practice. The results indicate that the product consignment agreement between Nascam Bang Ndut and Cafe Monocrom is legally valid because it meets the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code, namely, an agreement between the parties, a clear object, and a lawful cause. However, the agreement has weaknesses in terms of proof because it is not made in writing. Therefore, in the event of a dispute, proof will depend on witnesses, communication evidence, and the customs of the parties. Sociologically, the practice of oral agreements is driven by trust in efficiency and strong family values within micro-businesses in Pekanbaru. Although legally valid, oral agreements are considered less than ideal for ensuring legal certainty, especially as business relationships expand. Therefore, it is recommended that businesses begin using simple written agreements as a basis for legal protection and transparency in collaboration.

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