Ipso Jure
Vol. 2 No. 6 (2025): Ipso Jure - July

Development of Indicators of Abuse of Statements (Misbruik Van Omstandigheden) in Indonesia

Afif Khalid (Islamic University of Kalimantan Muhammad Arsyad Al Banjari)



Article Info

Publish Date
21 Jul 2025

Abstract

This article explores the development of the doctrine of abuse of circumstances (misbruik van omstandigheden) within Indonesian contract law, primarily shaped through judicial decisions rather than explicit statutory regulation. The doctrine serves as a critical mechanism to assess the validity of agreements and prevent injustices arising from one party exploiting unfavorable situations during contractual formation. The study delves into various scholarly perspectives surrounding abuse of circumstances as grounds for contract cancellation, emphasizing three key aspects: the positional relationship of the parties at the time of contract formation, the fairness and formulation of the agreement, and the moral implications involved. Despite its recognized importance, the absence of clear legal provisions creates challenges in consistently identifying and adjudicating such abuses. The article argues for necessary reforms within the Indonesian Civil Code to codify specific indicators and criteria that can reliably distinguish cases of abuse, thereby enhancing legal certainty and fairness. Ultimately, the research underscores the urgent need for strict and clear regulatory frameworks to minimize divergent interpretations that could undermine justice and contractual security in Indonesia's evolving civil law landscape.

Copyrights © 2025






Journal Info

Abbrev

IJJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ipso Jure is an international, peer-reviewed, open access journal dedicated to advancing scholarly research and discourse in the field of law, with a particular emphasis on the principles of the rule of law. The journal aims to provide a platform for academics, legal practitioners, policymakers, and ...