Penyalahgunaan Keadaan (Misbruik Van Omstandigheden) Dalam Akta Perjanjian Pengikatan Jual Beli (Studi Putusan Nomor 143/Pdt/2016/Pt. Dki)

Abstract

Differences in judicial perspectives regarding the concept of abuse of circumstances (misbruik van omstandigheden) in Decision Number 143/PDT/2016/PT. DKI and Decision Number 214/Pdt.G/2014/PN Jkt. Sel., concerning the annulment of a Sale and Purchase Binding Agreement (PPJB) made by a Notary due to existence of misbruik van omstandigheden form the basis of this study. This research discusses three main issues: (1) What are the characteristics of misbruik van omstandigheden in Indonesia law? (2) What is the legal standing and binding power of a Sale and Purchase Binding Agreement that contains an absolute power of attorney in relation to misbruik van omstandigheden? and (3 How is the application of law by Panel of Judges in relation to misbruik van omstandigheden and absolute power reflected in Decision Number 143/PDT/2016/PT. DKI? This study employs a normative judicial method by examining contractual provisions in the Indonesia Civil Code (KUH Perdata) and Regulations Governing Notarial deeds under law Number 2 Of 2014 concerning The Notary Position. Data were collected through library research using secondary materials, including relevant legislation, books, journals, and legal periodicals, and analyzed qualitatively. The legal reasoning of the Panel of Judges in Decision Number 143/PDT/2016/PT. DKI., was based on Supreme Court Jurisprudence Number 3666 K/PDT/1992 and Number 275 K/PDT/2004, as well as the Instruction of the Minister of Home Affairs Number 14 of 1982 concerning the Prohibiton of Using Absolute Power of Attorney as a Means of Transferring Land Rights. However, in similar cases, judicial inconsistencies arose-specifically between Decision Number 143/PDT/2016/PT. DKI., and Decision Number 214/Pdt.G/2014/PN Jkt. Sel.,- in which the latter court cocluded that misbruik van omstandigheden was not proven in the Sale and Purchase Binding Agreement between Agus Susanto and Maria Fransiska Kartika with Lisa Juliana Tanjung. It is recommended that legal reform be undertaken in the Indonesian Civil Code regarding the causes of contract nullification as regulated in Article 1321, so as to serve as a clear guidline for judges in adjudicating similar cases and to prevent divergent judicial interpretations concerning misbruik van omstandigheden.