CONTRACT CANCELLATION BASED ON MISUSE OF CIRCUMSTANCES FACTOR

The purpose of this study is to analyze (1) the factors that determine the existence of a misuse of circumstances in a contract; and (2) the basis for the judges consideration in canceling an agreement containing a factor of misuse of circumstances. The research method used is normative legal research. The results of the study show that (1) The determination of the factors of misuse of circumstances in a contract can be seen from (a) the presence of a defect of will in the making of the contract; (b) there are conditions in the agreement that are actually unreasonable or inappropriate or contrary to humanity; (c) the weak party is under pressure; (d) if there are circumstances where the weaker party has no choice but to enter into a contract with onerous terms contained in the contract; and (e) the party is weak, the value of the reciprocal rights and obligations of the two parties is very unequal; (2) The basis for the judges consideration in canceling an agreement that contains a factor of misuse of circumstances by using jurisprudence and a sense of justice, considering that misuse of circumstances in contracts/agreement has not been strictly regulated in the Civil Code or other laws and regulations. Arrangements for misuse of circumstances can also be applied in the event that the agreement contains errors, or oversight (dwaliing), coercion (dwang) and fraud (bedrog), which the weak party feels is very burdensome and contrary to a sense of justice and humanity. KEYWORDS: Accountability, Notaries, PPAT, Sale and Purchase of Land, Fake Evidence