Problematika Pembuktian Perjanjian di Bawah Tangan tanpa Tanda Tangan dalam Persidangan Perdata

Abstract

An agreement is a fundamental contractual agreement in civil relations. In practice, not all agreements are made in the form of authentic deeds, but many are made privately without signatures. Problems arise when the private agreement does not contain the signatures of the parties, thus creating difficulties in proving it in court. This study aims to analyze the problems of proving private agreements without signatures. The research method used is normative juridical with a statutory approach. The results of the study indicate that private agreements without signatures have weak evidentiary power and do not meet the formal requirements as private deeds according to Article 1874 of the Civil Code. However, under certain conditions, the agreement can be considered as supporting evidence if supplemented with other evidence such as witnesses, allegations, or confessions. Judicial practice shows that judges tend to assess the substance and good faith of the parties, but still require additional evidence to strengthen the existence of the agreement.