PENERAPAN DOKTRIN PENYALAHGUNAAN KEADAAN (MISBRUIK VAN OMSTANDIGHEDEN) DALAM PUTUSAN PENGADILAN INDONESIA
| Main Author: | Clarins, Sharon |
|---|---|
| Format: | Book application/pdf Journal |
| Terbitan: |
UI Scholars Hub
, 2022
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| Subjects: | |
| Online Access: |
https://scholarhub.ui.ac.id/dharmasisya/vol1/iss4/36 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1159&context=dharmasisya |
Daftar Isi:
- Abstract In Indonesian Law, one of reasons why a contract can be voided is when the contract was made because of the existence of threat, oversight or fraud as regulated in Article 1321 Indonesian Civil Code. But, nowadays, abuse of circumstances doctrine as one of the reason for annulment of contract is known through court verdicts. Although it is known from court verdicts, the knowledge of this doctrine is very distinct and caused inconsistency court verdicts while ajudicating cases related to abuse of circumstances. The main matter of this thesis are how are the judgement of the judge in accepting or rejecting the implementation of abuse of circumstances while ajudicating cases which have abuse of circumstances in it. Based on the research, in Indonesia, abuse of circumstances is already known and used as the reason for annulment of contract in many of Indonesian Court Verdicts. Related to inconsistencies of the judges in accepting or rejecting the implementation of abuse of circumstances, actually caused by no similarity in judge’s knowledge about abuse of circumstances (misbruik van omstandigheden) as one of the reason for annulment of contract other than those that are regulated in Indonesian Civil Code (KUHPerdata). Keyword: Agreement, Misuse of Circumstances, Cancellation of Agreement