Analisis Yuridis Kekuatan Mengikat Perjanjian Jual Beli Sayuran secara Lisan Antara Petani dan Pengepul (Studi di Desa Ndeskati, Kecamatan Naman Teran, Kabupaten Karo)

Abstract

Sale and purchase agreements are often found in everyday life, including sale and purchase agreements between farmers and collectors with the object of the agreement in the form of vegetables in Ndeskati Village. The practice of buying and selling vegetables is generally done orally, which sometimes causes problems. Therefore, the formulation of the problem raised is: how the binding force of an oral agreement according to the Indonesian Civil Code, how the implementation of the agreement between farmers and collectors in Ndeskati Village, and how the dispute resolution mechanism arising from the agreement. This research uses a juridical-empirical research method with statutate approach and conceptual approach. The informants in this research are farmers, collectors and agents involved in the oral vegetable sale and purchase agreement in Ndeskati Village and the Ndeskati Village Government. The results show that although an oral sale and purchase agreement is not supported by written evidence, the agreement still has binding force as long as it fulfills the legal requirements of the agreement in accordance with Article 1320 of the Civil Code. In addition, dispute resolution mechanisms are more often resolved through deliberation and involve local customary institutions. However, in the absence of a written agreement, farmers are often disadvantaged, especially in terms of late payment by collectors. This study recommends that parties involved in an oral vegetable sale and purchase agreement consider making a written agreement in order to have stronger legal force and provide better protection for both parties.