Kekuatan Hukum Perjanjian Kemitraan Secara Lisan Dalam Praktik Bisnis Usaha Mikro Kecil Dan Menengah (Studi Outlet Es Teh Semanis Janji)

Abstract

Partnerships have become one of the key business development strategies widely implemented in the practices of micro, small, and medium enterprises (MSMEs) in Indonesia. This research examines the legal strength of oral partnership agreements in MSME business practices, with a case study on the outlet “Es Teh Semanis Janji,” which enters into oral partnership agreements with its partners. The purpose of this study is to identify and analyze the legal standing of oral partnership agreements within the civil law system, to examine the forms of breach of contract in the implementation of oral partnership agreements between Es Teh Semanis Janji and its business partners, and to assess the legal validity of oral partnership agreements in MSME business practices at the Es Teh Semanis Janji outlet. This study uses a normative legal research method. The approaches applied in this research include the statutory approach and the conceptual approach. Therefore, the data used consists of both primary and secondary data. Data collection techniques include library research and field research. The data is then analyzed using a qualitative data analysis method, with conclusions drawn deductively. The findings of this study show that the legal position of partnership agreements in civil law is not specifically regulated under the Indonesian Civil Code (KUH Perdata). However, this type of agreement is based on the principle of freedom of contract as stated in Article 1338 paragraph (1) of the Civil Code. Therefore, the provisions of the Civil Code still apply to partnership agreements. In the case of Es Teh Semanis Janji, several forms of breach of contract by partners were identified, such as the use of non-standard raw materials, alterations to the product formula, and the establishment of similar businesses that negatively impact the central outlet. Although oral partnership agreements are legally valid as long as they fulfill the conditions set out in Article 1320 of the Civil Code, in practice, they present weaknesses in terms of evidence and protection of rights in the event of a dispute. This research recommends that MSME actors draft written agreements and officially register their brands in order to ensure legal certainty and protect future business interests.