Natasya Yadila, . (2026) TINJAUAN YURIDIS KEABSAHAN PERJANJIAN YANG DITANDATANGANI OLEH PENYANDANG TUNAAKSARA TANPA PENGAMPUAN. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
Illiterate persons who are unable to read and write face obstacles in understanding the contents of written agreements; however, this condition does not automatically eliminate their legal capacity. The absence of clear regulations regarding the legal status of illiterate persons in contractual practices may lead to legal uncertainty and potentially harm their rights as legal subjects. This study aims to analyze the validity of agreements signed by illiterate persons without guardianship and to identify forms of legal protection that may be afforded to them. The research employs a normative juridical method with a statutory approach, particularly examining Articles 1320 and 1330 of the Indonesian Civil Code, as well as relevant court decisions. Data were collected through library research and analyzed using descriptive qualitative methods. The findings indicate that agreements signed by illiterate persons without guardianship are, in principle, legally valid, as they continue to fulfill the requirement of legal capacity as stipulated in Article 1330 of the Indonesian Civil Code. Nevertheless, the validity of such agreements is highly dependent on the fulfillment of the requirement of free consent as provided in Article 1320 of the Indonesian Civil Code, which can only be achieved if the contents of the agreement are properly read out and adequately explained. Legal protection may be provided preventively through the obligation of notaries or land deed officials (PPAT) to read the deed, explain its legal consequences, and provide assistance, as well as repressively through claims for annulment of the agreement or tort actions in cases of defects of consent or violations of good faith.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No Panggil : 2210611093] [Pembimbing : Taupiqqurahman] [Ketua Penguji : Irsyaf Marsal] [Penguji 1 : Dwi Aryanti Ramadhani] [Penguji 2 : Taupiqqurahman] |
| Uncontrolled Keywords: | Illiteracy, Validity of Agreement, Legal Competence, Guardianship, Legal Protection |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | NATASYA YADILA |
| Date Deposited: | 11 Mar 2026 07:46 |
| Last Modified: | 16 Mar 2026 06:45 |
| URI: | http://repository.upnvj.ac.id/id/eprint/42660 |
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