Impact of Contract Constructions Containing Misuse In Conducting Perspective Legal Business of Pekanbaru City

International Conference on Industrial Technology for Sustainable Development 2017

工业技术;经济学

Triana, Yeni^1

Universitas Lancang Kuning, Pekanbaru

28265, Indonesia^1

关键词: Abuse of undue influence;    Consent;    Contract agreements;    Data analysis techniques;    Field studies;    Free state;    research methods;   

Others  :  https://iopscience.iop.org/article/10.1088/1755-1315/175/1/012062/pdf
DOI  :  10.1088/1755-1315/175/1/012062

学科分类：工业工程学

来源: IOP

【 摘 要 】

Agreement with a defect of will, a misuse of undue influence, causing harm to one party, taking advantage of the circumstances of another, causing abused desires is not granted in a free state, resulting in an improper performance imbalance, the agreement may be canceled. The formulation of the problem in this study is how the position of a contract agreement that contains the existence of abuse of undue influence in the perspective of business law in Pekanbaru City. In line with the formulation of the problem, the research method used is a sociological law; this study was conducted with a field study in Pekanbaru City. The data analysis technique used is a juridical analysis, the object of which is the data of this research is the study of legal science based on the judge's decision in its consideration to cancel the agreement of a contract containing abuse of undue influences. The result of this study that the agreement of a contract can be canceled if it contains elements of abuse of the situation, the reason for judge consideration in this case, is based on a sense of propriety and justice in society to uphold the rule of law, especially business law. The doctrine of state misuse is accepted as a justification for canceling the contract in consideration of the unbalancing of one party, and abusing the undue influences, so as not to be free. The conclusion that a treaty containing a defect in the will of abuse of undue influences becomes the judge's judgment to cancel the agreement in the contract. Suggestion that misuse of state is expected to be a positive law and regulated in law, there by enriching the business law.