Tacit Agreement Adalah: Understanding the Concept
Tacit agreement is a term used in legal and business communication that refers to an agreement that is not formally or expressly stated but is nevertheless understood and accepted by all parties involved. The word “tacit” means something that is implied or understood without being explicitly stated, and “agreement” refers to a mutual understanding between two or more parties.
In Indonesian, tacit agreement is referred to as “kesepakatan diam-diam,” which literally translates to “secret agreement.” This term is often used in business transactions, where parties may not want to commit to a formal contract but agree to terms through mutual understanding.
The concept of tacit agreement is important in the legal system as it can establish legally binding obligations between parties even in the absence of a formal agreement. For example, if a business repeatedly orders goods from a supplier without explicitly stating the terms of the agreement, a tacit agreement may be formed based on the parties’ conduct and expectations.
Tacit agreement can also be used in the context of employment relationships. For instance, if an employer consistently pays an employee for overtime work without the existence of a formal agreement or contract, a tacit agreement may be formed, creating a legal obligation for the employer to pay for the overtime work.
It is important to note that the existence of tacit agreement can be difficult to prove in court. Unlike written or verbal agreements, there is no clear documentation of the terms of the agreement. However, courts may look at the parties’ actions and behavior to determine if tacit agreement exists.
In conclusion, tacit agreement is an important legal concept that refers to agreements that are implied or understood without being explicitly stated. It can be used in various contexts, including business transactions and employment relationships. While difficult to prove, the existence of tacit agreement can establish legally binding obligations between parties.