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Mohammad Hamidi Masykur
Faculty of Law, Universitas Brawijaya

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Analysis of Legal Protection for the Debtors Against Abuse of Circumstances Committed by Creditors in Forming a Sale and Purchase Agreement Araningrum Widiati Hutami; Rachmi Sulistyarini; Mohammad Hamidi Masykur
Pandecta Research Law Journal Vol 18, No 2 (2023): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i2.47787

Abstract

In a debt contract for a large nominal amount, there is a guarantee objects for which the debtor is responsible for the loan received from the creditor, one of the objects is land rights. Creditor often take a shortcut to execute collateral assets through the use of land rights sale and purchase contract procedures when debtor is unable to pay their debts, the establishment of the sale-purchase agreement was made with unbalanced circumstances between the parties. In Indonesia there are no legal regulations about the abuse of circumstances as a form of defect in the will of an agreement, therefore the debtor in forming a land rights sale and purchase agreement also does not get legal protection from legal regulations.