Penyalahgunaan Keadaan Oleh Negara Dalam Praktik Perjanjian Pada Kajian Hukum Privat

Saija, Ronald

doi:10.24843/kp.2016.v38.i03.p01

Cited by 3 publications

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“…That in addition to oversight, coercion and fraud, there is a fourth form of defect of will that is not circumstances (misbruik van omstandigheden/undue influence)" (Hazhin, 2019). Misuse of conditions in the agreement can be broken down into two categories, namely: (i) abuse of circumstances due to economic superiority (economische overwicht) of one party over another, and (ii) abuse of circumstances due to psychological/psychological advantage (geestelijke overwicht).…”

Section: The Essence Of the Misuse Of Circumstances Doctrine In Agree...mentioning

confidence: 99%

“…That legal concept is often referred to as the abuse of circumstances (misbruik van omstandigheden) (Disantara, 2021). In simple terms, the abuse of circumstances is an attempt by one party to take advantage of certain conditions, which results in the non-achievement of free will (the principle of consensual) in the agreement made by the parties (Hazhin, 2019). Misuse of circumstances often creates a "one-sided" position so that the agreement's substance only benefits one party.…”

Section: Introductionmentioning

confidence: 99%

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The Existence of the Abuse of Circumstances Doctrine in Agreement Law

Andriawan

2022

SKLJ

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The misuse of circumstances is one of the important factors that can invalidate the agreement's validity. Even though the parties have agreed on the agreement, if there is an orientation to abuse of circumstances, the agreement is null and void. This study aims to see the existence of abuse of circumstances associated with the principles of contract law. This research is legal research that tries to answer legal issues. Legal issues occupy a central position in a legal problem. This research uses a statutory and conceptual approach. Legal materials in this study include primary legal materials, namely: Civil Code/Burgerlijk Wetboek. Secondary legal materials include books, journal articles, study results and non-legal materials, including legal dictionaries. The analysis was carried out by conducting an inventory and analysis of the primary legal materials in the form of the Civil Code/Burgerlijk Wetboek to find prescriptions as legal recommendations. The study results confirm that the nature of the abuse of circumstances is an imbalance in the parties' positions in the agreement. This can be anticipated by applying the six principles of contract law simultaneously and comprehensively.

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Section: The Essence Of the Misuse Of Circumstances Doctrine In Agree...mentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

The Existence of the Abuse of Circumstances Doctrine in Agreement Law

Andriawan

2022

SKLJ

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“…Modern business contracts that are more formalistic and tend to a written agreement pattern to guarantee legal certainty if in the future there is a dispute between the parties, then the standardized contract will be used as written evidence to postulate the truth of the relationship that has been established and the rights and its obligations, (Saija, 2016). The relationship between an agreement and an engagement gives rights and obligations to each party to make demands or fulfil these demands, (Ardianti & Handayani, 2018).…”

Section: Introductionmentioning

confidence: 99%

Consumer Legal Efforts Due to Abuse of Circumstances (Misbruik Van Omstandigheden) in Standardized Agreements

Kristiyani

2020

Jurnal Notariil

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Private law develops with the dynamics of community needs. Law Number 8 of 1999 concerning Consumer Protection Law is a form of regulation aimed at balancing the rights and obligations of both consumers and business actors. But in reality, consumers are always the weaker party; the injured party is due to a more inferior position. The form of consumer losses that often occur is the existence of standardized agreements containing elements of misuse (misbruik van omstanddigheden). As a result, the consumers agree not to an agreement in "good faith", but what has been agreed is that the will of the business actor intends to harm consumers by abusing the situation. This study aims to 1) know the categories of circumstances abuse in standardized agreements that harm consumers, 2) know the legal efforts that consumers can do due to abuse of circumstances (misbruik van omstanddigheden) in standardized agreements. The method used is juridical normative that is using primary legal materials and secondary legal materials to analyze the problem, but it is contextualized by the dynamics of standardized agreements in the global era. The results obtained that in the current global era the standardized agreements with the abuse of the circumstances are increasingly diverse. If it is proven that there is an abuse of circumstances, then the effort is cancelling the agreement. Minimizing the misuse of circumstances in the standardized agreement requires the participation of all parties, consumers, businesses and the government.

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Pelaksanaan Perjanjian Babalu Dalam Masyarakat Negeri Sanahu

Batlolona,

Latupono,

Kuahaty

2023

TATOHI J. Ilmu Huk.

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Introduction: In everyday life, humans cannot be separated from carrying out agreement activities, both written and unwritten.Purposes of the Research: To study and analyze the implementation of the babalu agreement in Negeri Sanahu, To review and design a babalu agreement that can provide benefits to the parties, As one of the requirements to complete studies at the Faculty of Law, University of Pattimura.Methods of the Research: Normative juridical research method, which is to obtain data from the library in the form of documents, books, magazines and other literature related to writing. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through qualitative analysis, namely the data obtained and then arranged systematically for further qualitative analysis based on scientific disciplines. civil law to achieve clarity of issues to be discussed.Results of the Research: Babalu agreement is an agreement that is often used by people in the State of Sanahu, West Seram Regency with certain provisions and there are rights and obligations between land owners and sharecroppers. If the agreement made and agreed upon by the parties and witnesses (customary leaders) is violated, the violator will receive sanctions in the form of termination of work if the violation is on the part of the sharecropper, and if the land owner violates the law, the results that are managed completely belong to the sharecropper. Without repaying the land owner. If the agreement is violated by one of the parties, then the legal consequences are in accordance with Article 1338 of the Civil Code, namely if anyone who violates the agreement will receive a penalty as stipulated in the law.

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Penyalahgunaan Keadaan Oleh Negara Dalam Praktik Perjanjian Pada Kajian Hukum Privat

Cited by 3 publications

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The Existence of the Abuse of Circumstances Doctrine in Agreement Law

The Existence of the Abuse of Circumstances Doctrine in Agreement Law

Consumer Legal Efforts Due to Abuse of Circumstances (Misbruik Van Omstandigheden) in Standardized Agreements

Pelaksanaan Perjanjian Babalu Dalam Masyarakat Negeri Sanahu

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