Kekuatan Hukum Perjanjian Bagi Hasil Tidak Tertulis (Studi Kasus Pada Pabrik Tempe Ananda)

Abstract

Production sharing agreement is a form of agreement that is widely applied in various business sectors in Indonesia, including in the tempe manufacturing industry which is generally still small to medium scale. In practice, many tempe factories, such as Tempe Ananda Factory, use unwritten profit- sharing agreements. However, the absence of formal documents in unwritten profit-sharing agreements can lead to various legal problems, especially when there is a dispute regarding the distribution of profits and responsibilities of each party. The research objectives in this thesis are to explain the unwritten profit- sharing agreement applied by Ananda Tempe Factory in accordance with the applicable legislation, to find out the obstacles in conducting an unwritten profit- sharing agreement at Ananda Tempe Factory, to find out the form of settlement in the event of default in the implementation of an unwritten profit-sharing agreement at Ananda Tempe Factory. The research method used is juridical-normative supported by field research. The nature of the research used is descriptive research. With the type of data used is secondary and tertiary data related to the problem under study. The results showed that although unwritten agreements are recognized in the Indonesian legal system as stipulated in Article 1320 of the Civil Code, these agreements will still be faced with high risks in terms of proof when a dispute occurs. Oral agreements or unwritten agreements are difficult to prove in court, so they often result in prolonged conflicts. In addition, unwritten profit-sharing agreements can also hinder business growth due to a lack of legal certainty, which can affect the confidence of potential business partners and investors.