Analisis Penyalahgunaan Keadaan oleh Salah Satu Pihak Pada Akta Jual Beli (Studi Putusan Mahkamah Agung Nomor 705 PK/Pdt/2023 dan Putusan Mahkamah Agung Nomor 3406 K/Pdt/2019)

Abstract

The abuse of circumstances (misbruik van omstandigheden) in Supreme Court Decision Number 705 PK/Pdt/2023 and Supreme Court Decision Number 3406 K/Pdt/2019 which take advantage of a person's economic condition and ignorance in signing a Deed of Sale and Purchase and the role of the Land Deed Making Officer (PPAT) in preventing abuse of circumstances in making a Deed of Sale and Purchase. The purpose of this study is to analyze the existence of parties who take advantage of the conditions of economically and psychologically weaker parties for personal gain, identify their actions can be considered abuse of circumstances, evaluate the validity of authentic deeds made before PPAT, and assess court decisions related to abuse of circumstances in order to provide justice in handling the case. The research adopts a normative juridical method with a descriptive analytical approach. Secondary data sources include primary, secondary, and tertiary legal materials. Data collection techniques encompass library research and field studies, using document reviews and interviews as tools. Data analysis is conducted qualitatively. The study reveals that the Defendants exploited the Plaintiff’s dependency, trust, and economic vulnerability for personal gain, violating principles of transparency and fairness. The Judges considered economic and psychological advantage parameters in determining abuse of circumstances as stipulated in legal precedents. The legal application by the Supreme Court in Decision No. 705 PK/Pdt/2023 did not adequately provide legal justice to the rightful party regarding the transferred object and the Judge should have canceled the Deed of Sale and Purchase as in Supreme Court Decision Number 3406 K/Pdt/2019 in its Decision, it is of the opinion that there was abuse of circumstances in the signing of the Deed of Sale and Purchase by the Plaintiff, which resulted in a defective will.