Expansion of the Essence of Pacta Sunt Servanda in the Dignified Padan of the Toba Batak Indigenous Community

Abstract

The Toba Batak traditional community lives and develops and has cultural values, some of which are transformed into laws to be obeyed communally. One of the laws in Toba Batak society is regarding Dignified Padan. In general, Dignified Padan in the Batak Toba traditional community is an agreement as in civil law, of course with several features in its arrangement. In an agreement there is the principle of Pacta Sunt Servanda which states that an agreement is binding as if a law is binding. The question is how in an agreement containing the Pacta Sunt Servanda there is still a violation (default) of it. On the one hand, Dignified Padan in Toba Batak society still exists today and is adhered to by the majority of Toba Batak society, so this research is to examine the contents of Dignified Padan as an expansion of the concept of Pacta Sunt Servanda in an agreement. This research is empirical legal research which produces the result that Dignified Padan is worthy of being used as a role model for an agreement and is regulated in positive law in Indonesia.