Analysis of Legal Protection for the Debtors Against Abuse of Circumstances Committed by Creditors in Forming a Sale and Purchase Agreement

Araningrum Widiati Hutami (Faculty of Law, Universitas Brawijaya)
Rachmi Sulistyarini (Faculty of Law, Universitas Brawijaya)
Mohammad Hamidi Masykur (Faculty of Law, Universitas Brawijaya)

Pandecta
Vol 18, No 2 (2023): December

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.