The Principle of Legal Undue Influence as a Reason for Canceling the Agreement

Abstract

Undue influence has not yet become a norm in the provisions of laws and regulations in Indonesia, so cases relating to undue influence are adopted by judges in deciding cases by referring to expert opinions. Legal certainty is needed regarding undue influence in order to achieve a legal goal, thereby guaranteeing the element of undue influence that applies in Indonesia. The research method used is a normative research type with a statutory approach, conceptual approach, case approach and comparative approach. The focus of the problem studied in this thesis is: 1) What is the meaning of misuse of circumstances as a reason for the cancellation of an agreement? 2) What is the legal certainty of the doctrine of undue influence in jurisprudence? The results of this research include 1) The meaning of undue influence as a reason for canceling an agreement must be fulfilled by the elements, imbalance of position, inappropriate performance and counter-performance as well as loss of one of the parties; 2) Viewed from the aspect of legal certainty, the doctrine of undue influence outlined in jurisprudence does not fully provide legal certainty. This is because jurisprudence is recognized as a source of law for judges in examining and deciding cases. In the decisions analyzed there are differences in the decisions, thus providing legal uncertainty in terms of implementation.