Implementing the Undue Influence Doctrine (Misbruik Van Omstandigheden) as a Reason for Annulment of Agreement in Indonesia: An Evolution of the Law Through Court Decisions

  • Dr. Faizal Kurniawan, Xavier Nugraha, Luisa Srihandayani

Abstract

The law often lags behind with the development of society. It also applies to contract law, one of which concerning the doctrine of undue influence (misbruik van omstandigheiden) as a new ground for the annulment of agreement in Indonesia. However, the undue influence doctrine has not been regulated in the Indonesian Civil Code. As a result, the sources of the law on the undue influence doctrine are limited to doctrine and court decisions. This paper will discuss: Firstly, indicators of the doctrine of undue influences as a basis to see the rationale behind the judgment of the judges. Secondly, the development of the application of the doctrine of undue influencethrough court decisions in Indonesia. Both of these will be analyzed based on legal research using the statutory, conceptual, and case approach.

Published
2020-06-05