AKIBAT HUKUM UNDUE INFLUENCE TERHADAP PEMBATALAN PERJANJIAN DITINJAU DARI ASAS KESEIMBANGAN
The purpose of this writing is to further examine the juridical implications of undue influence/abuse of circumstances against the aggrieved party accompanied by a form of legal protection for canceling an agreement with a concrete case from a court decision. In making agreements, the parties often...
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| Format: | Book |
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Magister Hukum Universitas Semarang,
2023-09-02.
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| Online Access: | Link Metadata |
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| Summary: | The purpose of this writing is to further examine the juridical implications of undue influence/abuse of circumstances against the aggrieved party accompanied by a form of legal protection for canceling an agreement with a concrete case from a court decision. In making agreements, the parties often abuse the principle of freedom of contract so as to override the principle of balance and make the contents of the agreement unlimited, this results in an imbalance of bargaining position and position which results in the birth of undue influence. The research method used in this writing is normative juridical using statutory approaches, case approaches, and conceptual approaches. The novelty of this research is that it focuses on the impact of undue influence on disadvantaged parties along with case descriptions in both forms of abuse of advantage, and this writing focuses on forms of legal protection which are divided into preventive and repressive forms along with concrete cases related to the principle of balance. The results of this study show that Undue influence has not been regulated in the Civil Code but is recognized in jurisprudence. Undue influence can occur due to non-fulfillment of the principle of balance which results in abuse of circumstances which are classified as economic advantage and psychological advantage. Legal protection that can be carried out when undue influence occurs is preventive (dispute prevention) or repressive protection (dispute resolution). Repressive protection through the courts can have legal consequences by canceling the agreement, if there is a material loss experienced by one of the parties, then the cancellation of the agreement must also be accompanied by compensation. |
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| Item Description: | http://repository.upnvj.ac.id/28803/1/2010611031_ArtikelKI.pdf |