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Article
Abuse of Circumstances (Misbruik Van Omstandigheden) in Developing Contract Law in Indonesia
Author(s)
Wiwin Dwi Ratna Febriyanti
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DOI:10.17265/1548-6605/2022.02.003
Affiliation(s)
Universitas Borneo Tarakan, Tarakan, Indonesia
ABSTRACT
The contract is the legal basis for the parties in executing the contract, so the contract must be made concerning the provisions in the law. A contract can be requested for cancellation if there are reasons that, according to the law, can be requested. However, the law of the contract has developed with the doctrine used by the judges in their decisions. That doctrine is the doctrine of abuse of circumstances. This doctrine is used as one of the reasons for cancelling the agreement, although this doctrine is not yet contained in the Civil Code or Indonesian legislation. Therefore, researchers will discuss the doctrine of abuse of circumstances in the development of contract law in Indonesia, as a reason for cancellation of the contract. The method used in this research is legal research, namely normative research, using the method of legal and conceptual approaches. Abuse of circumstances has appeared in Indonesia for a long time; it can be seen from the presence of judges who use the doctrine of abuse of possibilities as a reason to cancel a contract, even a contract made by a notary. And forms of mistreatment of circumstances can also be seen from several characteristics, namely one party in the contract has an economic advantage to use the situation to follow his wishes in the contract; one party has a psychic/psychiatric advantage, which can therefore make him follow what his will is in the contract. And there are circumstances where there are circumstances beyond the control of one party, either from the opponent of the contract or from the other party.
KEYWORDS
misconduct, abuse of circumstances, contract law
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