The Legality Of Unnamed Agreements In The Lease Of Shophouses And Houses As Per The Civil Code

Abstract

Unnamed agreements in rental practices for houses and shop-houses (ruko) are still commonly conducted through oral arrangements without written contracts. This condition creates legal issues due to weak evidence and the absence of clear rights and obligations between the parties. This study aims to analyze the legality of unnamed agreements in lease contracts based on the Indonesian Civil Code, identify legal risks that arise in unwritten rental practices in Bengkulu City, and evaluate the relevance of the principles of consensualism, freedom of contract, and legal certainty. The research employs a normative and empirical juridical approach, using primary data obtained through interviews and field observations, and secondary data derived from literature study and relevant regulations. The findings indicate that the community generally relies only on payment receipts as proof, while key agreements are made orally. This practice leads to issues such as late payments, unauthorized modifications, property damage, and abandonment of obligations by tenants. The absence of a written contract weakens the legal standing of both parties in resolving disputes. The study concludes that oral agreements remain valid as long as they fulfill the requirements of Article 1320 of the Civil Code; however, they do not provide adequate legal certainty. Therefore, written agreements are essential to ensure legal protection for all parties involved.