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All Journal Jurnal Akta Lex Renaissance
Ahmad Arif Syarif
Universitas Islam Indonesia
Law, Crime, Criminology & Criminal Justice

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Penyalahgunaan Keadaan dalam Perjanjian Pinjam Meminjam Uang oleh Rentenir Ahmad Arif Syarif
Lex Renaissance Vol 2 No 2 (2017): JULI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss2.art2

Abstract

This study examines, first, what are the benchmarks used by court in determining the misuse of circumstance in loan agreements by loan sharks? Second, what are the legal consequences of loan agreements that contain elements of circumstance misuse? This study is library research with a normative juridical approach to observe the phenomenon of loan sharks from a legal perspective. The results indicate that, first, there are three benchmarks used by court in determining the misuse of circumstance loan agreements, including moral benchmark of fairness and propriety, benchmark of good faith, and benchmark of profit. Secondly, the legal consequences of loan agreements by loan sharks can be void if one of the aggrieved parties requests cancellation before the judge due to misuse of circumstance. This reason is then classified into the fourth defect of will apart from the other three defects of will that have been regulated in the Civil Code.Keywords: Loan agreements, misuse of circumstances
Online Lending Contracts as a Variant of Undue Influence: A Critical Examination of the Principle of Freedom of Contract Ahmad Arif Syarif; Gusti Fadhil Fithrian Luthfan; Munira Munira
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.51049

Abstract

The rapid growth of digital financial technology has expanded online lending as an accessible financing source. However, it is often linked to high interest rates, aggressive debt collection, and misuse of personal data, placing borrowers in vulnerable positions and raising significant legal concerns regarding fairness and imbalance in contractual relationships. The purpose of this study is to analyze online lending agreements as a new variant of undue influence and to reassess the application of the principle of freedom of contract in the context of digital lending practices. This research employs a normative legal research method with conceptual and statutory approaches, drawing upon statutory regulations, contract law doctrines, academic literature, and relevant judicial decisions related to online lending practices. The findings demonstrate that undue influence does not arise solely from traditional interpersonal relations but also manifests structurally within online lending through digital information asymmetry and unequal bargaining power. This study shows that the classical conception of freedom of contract, which emphasizes formal consent, is insufficient to address such digital inequality. Accordingly, the research offers a reinterpretation of freedom of contract that prioritizes substantive justice through the principles of good faith, morality, and public order in digital contracts.
Co-Authors Fithrian Luthfan, Gusti Fadhil Munira Munira