Penerapan Doktrin Penyalahgunaan Keadaan (Misbruik Van Omstandigheden) terhadap Perjanjian Utang Piutang dengan Bunga Tidak Wajar oleh Rentenir (Studi Putusan Nomor: 1/Pdt/2022/Pt Bgl)

Abstract

The practice of loan sharks imposing high interest rates on debt agreements often exploits the debtor’s weak economic condition, thereby contradicting the principles of fairness and propriety as regulated in the Indonesian Civil Code. This phenomenon highlights the urgency for an in-depth study on the application of the doctrine of abuse of circumstances (Misbruik van Omstandigheden) within the Indonesian legal system. This study aims to examine three main aspects: the legal regulation of debt agreements, the application of the doctrine of abuse of circumstances to unfair interest rates, and the judicial considerations in relevant court decisions. The findings indicate that debt agreements constitute valid obligations when fulfilling the requirements of lawful agreements, including freely given consent and lawful causes. However, in practice, the imposition of unreasonable interest rates, such as 10% per month, often contradicts the principles of fairness and justice. The doctrine of abuse of circumstances serves as a legal protection mechanism for parties in weaker positions, as reflected in the High Court Decision Number 1/Pdt/2022/PT BGL, which reduced the interest rate to 0.5% per month based on substantive justice. To achieve contractual fairness, parties are encouraged to carefully understand the agreement’s contents and avoid exploitative clauses. Moreover, law enforcement officers are expected to critically assess the substance of agreements and set interest rates proportionally, for example by referring to the moratorium interest rate practice of 6% per annum, to ensure legal certainty and balanced protection.