Abuse Of Circumstances In The Act Of Borrowing Money Into Land Buying And Selling Actions

  • Sukainah Naura Azzahra Universitas Pekalongan
  • Suryani Universitas Pekalongan
  • Sri Pujiningsih Universitas Pekalongan
Keywords: Agreement, Defect of Will, Misuse of Circumstances


An agreement can be born when an agreement has been reached from the parties concerned. In this case, a unanimous agreement must be reached, which does not contain elements of coercion, misguidance, or deception, and is given in a free atmosphere without any pressure. In practice, it is not uncommon to find conformity between the will and the statement which contains defects in the will. As happened in the case of abuse of circumstances in the act of borrowing and borrowing into the act of buying and selling land experienced by Nurhaidah Tomeys in the Supreme Court Decision Number 617 PK/Pdt/2016. This study aims to determine the regulation of abuse of circumstances in Indonesian positive law, the elements of abuse of circumstances contained in borrowing and borrowing into buying and selling land, The method used in this study is a normative juridical approach, with research specifications using qualitative research with descriptive analysis, data collection methods using primary data and secondary data, for data analysis methods using qualitative data analysis. The results obtained from the study are that abuse of circumstances in the Indonesian judiciary has been accepted as one of the reasons for defects in the will followed by jurisprudence. There is an element of abuse of circumstances in the form of abuse of economic and psychological conditions carried out by creditors against debtors whose economic and psychological conditions are lower in the case of the Supreme Court decision No. 617 PK/Pdt/2016. And the judge's consideration on the Supreme Court's decision no.