PERJANJIAN YANG DIBUAT DALAM TAHANAN SEBAGAI PENYALAHGUNAAN KEADAAN DITINJAU DARI KUH PERDATA (Studi Putusan Mahkamah Agung No. 2356 K/PDT/2008)

Abstract

In making an agreement, sometimes one of the parties that make the agreement is not free to determine his will in the agreement. As a result, the agreement does not meet the subjective requirements as stipulated in Article 1320 of the Civil Code. The circumstances in which a person is in an unbalanced position in making an agreement, in civil law doctrine, are known as a form of abuse of circumstances, including making agreements made in the custody.

This study aims to determine the legal rules for agreements which is made in the custody in the perspective of civil law and analyze the validity and the legal considerations of the Supreme Court in making the decision to cancel the agreement made by the parties in the verdict of the Supreme Court no. 2356 K/PDT/2008.

As for the conclusion, the agreement made in the custody does not fulfill the requirements of the will, as specified in Article 1320 of the Civil Code, which places the element of will as the main element that must be fulfilled in the agreement. In addition, the agreement made in the custody is a form of abuse of circumstances carried out by one party against another party. The validity of an agreement can be seen whether or not the conditions for the validity of the agreement that have been stipulated in the Civil Code are fulfilled. Agreements made in the custody do not fulfill the main requirements of an agreement, which an agreement is based on the freedom of will of each party. Agreements made in the custody do not fulfill the requirements of the will, therefore the agreement in the custody can be said to be invalid, and cancellation can be requested.

Keywords: Agreement, In Custody, Abuse Of Circumstances.