Veritas et Justitia
Vol. 12 No. 1 (2026): Veritas et Justitia

THE ROLE OF UNDUE INFLUENCE AND UNCONSCIONABILITY AS MECHANISMS AGAINST UNFAIR CONTRACTS

Annisa Syaufika Yustisia Ridwan (Fakultas Hukum, Universitas Gadjah Mada)



Article Info

Publish Date
30 Jun 2026

Abstract

The growing recognition of undue influence in Indonesian contract law has introduced a new basis for invalidating agreements beyond traditional defects of consent. Originating from the common law tradition, the doctrine of undue influence shares conceptual similarities with the doctrine of unconscionability, particularly in addressing contractual injustice and power imbalances between parties. This article aims to examine the similarities and differences between the doctrines of undue influence and unconscionability in protecting parties against unfair contractual arrangements. This normative legal research employs a conceptual approach and relies on qualitative analysis of secondary data consisting of primary and secondary legal materials. Through a comparative examination of both doctrines, the study identifies their common objective of protecting weaker parties from exploitation arising from unequal bargaining positions and defective bargaining processes, which are ultimately reflected in the substantive terms of a contract. The analysis further demonstrates that the two doctrines differ in their primary focus of protection, available remedies, and scope of application. These distinctions have important implications for the development of Indonesian contract law and the protection of parties in unequal contractual relationships.

Copyrights © 2026






Journal Info

Abbrev

veritas

Publisher

Subject

Education Law, Crime, Criminology & Criminal Justice

Description

Veritas et Justitia is a law journal, managed and published under the auspices of the Faculty of Law, Universitas Katolik Parahyangan/Parahyangan Catholic University (UNPAR). The first edition was published in June 2015 and was meant to replace “Pro Justitia”, a law journal which ended its ...