Perjanjian Pacaran: Sekedar Tren Tiktok atau Perikatan yang Sah Menurut Hukum Indonesia

Abstract

The rapid development of digital technology and social media has introduced new forms of social interaction, including the growing trend of dating agreements (relationship agreements) shared on TikTok. This phenomenon raises legal questions regarding whether such agreements constitute merely personal commitments or can be recognized as legally binding contracts under Indonesian civil law. This study aims to analyze the validity and binding force of dating agreements based on the Indonesian Civil Code. Using normative legal research with statutory and conceptual approaches, the study examines the legal requirements for contract validity under Article 1320 and the principle of binding agreements under Article 1338 of the Civil Code. The findings indicate that dating agreements are not automatically invalid because they concern personal relationships. Clauses containing clear and lawful obligations, such as maintaining confidentiality, returning personal property, and protecting personal data, may produce legal consequences. In contrast, provisions concerning emotions, the obligation to maintain a relationship, or restrictions on ending a relationship cannot be legally enforced because they involve individual autonomy and may conflict with public order and morality. Therefore, dating agreements should be understood within the limits of contract law, enabling the public to distinguish between moral commitments and legally enforceable obligations.