Penyalahgunaan Keadaan (Misbruik Van Omstandigheden) Sebagai Alasan Gugatan Perbuatan Melawan Hukum (Studi Kasus Putusan Pengadilan Negeri Mataram Nomor : 234/PDT.G/2020/PN.MTR)

Adyatma, Mhd.farhan (2022) Penyalahgunaan Keadaan (Misbruik Van Omstandigheden) Sebagai Alasan Gugatan Perbuatan Melawan Hukum (Studi Kasus Putusan Pengadilan Negeri Mataram Nomor : 234/PDT.G/2020/PN.MTR). Other thesis, Universitas Islam Riau.

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Abstract

Misuse of circumstances as a factor causing disability of the will has not been clearly regulated in the Civil Code. Misuse of circumstances is a doctrine that does not actually originate from civil law. Abuse of circumstances thrives through doctrine and jurisprudence. Agreements regarding misuse of circumstances are more directed towards unlawful acts (onrechtmatige daad) due to the subjective element regarding the agreement which is the basis for the emergence of defects of will for reasons of misuse of circumstances. The cancellation of the agreement by reason of misuse of circumstances is to place the plaintiff's position in its original state before the tort occurred. This study examines the considerations of the panel of judges in determining the abuse of circumstances, namely the Mataram District Court decision No. 234/Pdt.G/2020/PN Mtr. This study also examines further about the element of misuse of circumstances used as a basis for canceling the agreement. Research is included in the type of literature research with the nature of normative research that uses a normative juridical approach, namely looking at acts of misuse of circumstances from a legal perspective. The results of this study state that the judge's consideration in determining the existence of a defect of will, in this case the abuse of circumstances, is that the judge sees an unequal position in the agreement and there is a gap between practice and reality. This can be seen in the consideration of the judges who saw the existence of economic and psychological advantages owned by Defendant II which resulted in an unequal bargaining position between the two parties. There was also bad faith by Defendant II for lending money to Defendant I and the Plaintiff simply wanted to help but in reality had different intentions. The element of abuse of circumstances is used as a basis for canceling the agreement using misbruik van omstandigheden (abuse of circumstances) in addition to bedreiging (threat) and bedrog (fraud), as a benchmark for determining whether a legal action (rechtshandeling) can be canceled (verbietigbaar).

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