Formalization Of The Doctrine Undue Influence Into Positive Legal Norms In Indonesia

Abstract

Undue Influence in the agreement causes harm to one party, and provides an opportunity for profit for the other party. Undue Influence is contrary to the principle of good faith, the principle of freedom of contract and is not in accordance with the principles of decency, fairness, and habit. This research is a normative legal research with a juridical approach. The results of this study indicate that the doctrine of undue influence as one of the defects of the will has been recognized in Indonesia. The legal considerations taken by the judge in granting or denying the undue influence are very varied. This happens because there is a vacuum and legal uncertainty that regulates the undue influence as one of the defects of the will in the agreement. To guarantee rights and provide legal certainty for the parties to the agreement, there needs to be a legal formulation in the short term and long term.