Kepastian Hukum Terhadap Perjanjian Lisan Garansi Jual Beli Mobil Bekas Di Showroom “Bersama Mobil” di Kota Medan

Abstract

This study analyzes the legal certainty of oral warranty agreements in the sale and purchase of used cars at the “Bersama Mobil” showroom in Medan. The case underlying this research stems from the showroom’s practice of providing warranties solely through oral assurances such as guarantees that the car has never been involved in a serious accident and is free from flood damage without any written evidence. Such conditions create a risk of dispute when buyers seek to claim their warranty rights. The objectives of this research are to examine the legal certainty of oral warranty agreements in the sale and purchase of used cars in Indonesia, to review the clauses agreed upon between the seller and the buyer in the oral warranty agreement at the “Bersama Mobil” showroom, and to analyze the legal protection available to buyers in the event of a dispute. The research method applied in this study is normative legal research complemented by field research. The approaches employed consist of the statute approach and the conceptual approach. This study is descriptive in nature, intended to systematically and comprehensively describe and analyze the examined legal phenomena. The data sources comprise primary data obtained directly from the research site and secondary data in the form of primary, secondary, and tertiary legal materials collected through a literature review. Data analysis was carried out qualitatively by employing a deductive method, namely drawing conclusions from general principles to specific cases in order to address the research problems. The findings indicate that oral warranty agreements for the sale and purchase of used cars remain legally valid as long as they meet the requirements set forth in Articles 1320 and 1338 of the Indonesian Civil Code, but they present evidentiary weaknesses in the event of a dispute. The agreed warranty clauses generally cover engine condition, flood-free assurance, and accident history; however, the absence of written documentation creates potential for future conflicts. Legal protection for buyers can be provided through both preventive and repressive measures, yet there remains a need to raise business owners’ awareness of the importance of written warranty agreements and to strengthen the government’s role in providing clearer legal guidelines.