Perlindungan Hukum bagi para Pihak terhadap Pembatalan Perjanjian Jual Beli akibat adanya Penyalahgunaan Keadaan (Studi Putusan No. 254/PDT.G/2021/PN.PBR)

Abstract

The cancellation of sale and purchase agreements frequently occurs in practice. One contributing factor is the absence of genuine mutual consent between the parties, a condition commonly referred to as "misbruik van omstandigheden" or abuse of circumstances. This study explores: the application of the concept of abuse of circumstances in the Pekanbaru District Court Decision No. 254/Pdt.G/2021/PN.Pbr; the legal protection afforded to parties harmed by such abuse in sale and purchase agreements; and the legal implications of the court's decision on contractual freedom and the practice of sale and purchase. This research employs a normative juridical method, which refers to legal norms through a literature-based study to obtain secondary data comprising primary, secondary, and tertiary legal materials. The study is descriptive-analytical in nature. Data collection techniques rely on library research involving regulations and other legal materials, while the data are analyzed qualitatively. The findings reveal that the application of the abuse of circumstances concept in sale and purchase agreements must be assessed based on four conditions. The Sale and Purchase Agreement Deed No. 22 dated February 18, 2020, and the Sale and Purchase Agreement No. 39 dated July 5, 2021, made before the Co-Defendant between the Plaintiff and Defendant, were deemed in Decision No. 254/Pdt.G/2021/PN.Pbr to lack sufficient evidence proving abuse of circumstances. Therefore, the court could not annul the deeds. Legal protection for parties harmed by abuse of circumstances in sale and purchase agreements must remain balanced. The legal implication of this decision is that it may serve as a judicial reference in similar future cases concerning sale and purchase contracts and contractual freedom.