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All Journal Journal of Law, Poliitic and Humanities
Adristi Ramadhani
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Certainty Against Cancellation of Agreement Using the Element of Abuse of Circumstances Adristi Ramadhani; Miftakhul Arif; Vania Larissa Sulistio; Dimas Varizal Putra Purnama; Moh. Akbar Dzulfikar Ramadhan
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.837

Abstract

The aim of this study is to examine a verdict that involves the element of Misuse of Circumstances or Undue Influence, which is a crime that cannot be directly observed but significantly affects an agreement, as an event where one person promises something to another, or where two people promise each other to do something. Misuse of Circumstances is an act where the parties are bound by an agreement that one party has an unbalanced position and the other party exploits their weakness to gain an advantage. This research is conducted using a normative juridical method, which involves examining various formal legal regulations such as legislation and literature containing theoretical concepts, which are then linked to the issue to be discussed in this journal. The research findings in this verdict indicate that there has been a misuse of circumstances in the agreement between the parties involved in this decision. Due to the misuse of circumstances, the agreement of Sale and Purchase between the parties can be annules.
Co-Authors Dimas Varizal Putra Purnama Miftakhul Arif Moh. Akbar Dzulfikar Ramadhan Vania Larissa Sulistio