Undue Influence in the Agreement in a Contractive Law Perspective in Indonesia.

Abstract

The purpose of this study is that if an agreement that contains an element of absence of a balanced bargaining position, and parties who have a strength that exceeds other parties, in the position of the parties to an agreement, and those who have a stronger position, such as having economic strengths, and knowing from the beginning the weaknesses of the opposing parties, it is reasonable to suspect that those who have such strong powers abuse the conditions in the agreement to seek more benefits in the agreement, even harming the opposing parties, so that if the elements are fulfilled, it is appropriate allegedly based on the doctrine in treaty law, there has been abuse of the undue influence in the treaty. The target of this study is to analyze how the legal consequences of an agreement that contain abuse of conditions in the agreement in the perspective of contract law in Indonesia. Then the results of this study are expected to be useful and useful for people who seek justice in the agreement. This research method is a type of normative legal approach, which is based on the rules of the rules, norms that exist in positive law, especially contract law, both in the Continental European system, and Anglo Saxon, which are analyzed through the judgment of court judges in Indonesia, according to the perspective of contract law. The outcomes to be achieved from this research are, national and international seminars, journals, and teaching materials for students.