Prinsip Perjanjian Lisan Gadai Sawah Dalam Menjamin Kepastian Hukum

Abstract

The practice of paddy field pawning through oral agreements remains common among rural communities because it is considered simpler, faster, and based on mutual trust. However, the absence of written evidence often creates legal uncertainty and weakens legal protection when disputes arise. This study aims to analyze the legal certainty of oral agreements in the practice of paddy field pawning and to examine the forms of legal protection available to the parties in the event of breach of contract. This research employs a normative juridical method using statutory and conceptual approaches through library research. The results indicate that oral agreements in paddy field pawning are legally valid as long as they fulfill the legal requirements of a valid agreement as stipulated in Article 1320 of the Indonesian Civil Code and are recognized under customary law as well as Article 53 of the Basic Agrarian Law. Nevertheless, oral agreements have weaknesses in terms of evidentiary value, resulting in limited legal certainty when disputes occur. Legal protection for both the pledgor and the pledgee may still be obtained through the provisions of the Indonesian Civil Code, customary law, and dispute resolution mechanisms, including deliberation, mediation, and civil litigation. Therefore, preparing a written agreement or, at a minimum, ensuring that the agreement is witnessed by village authorities is necessary to strengthen legal certainty and safeguard the rights of the parties.