Action of Abuse of Conditions (Misbruik Van Omstandigheden) in Making of the Deed of Sale and Its Implications on the Position of PPAT

EasyChair Preprint 9784

Abstract

The deed of sale and purchase of land is made on the basis of an act of misuse of circumstances (misbruik van omstandigheden) violating the provisions and principles in the law of agreements. Misbruik van omstandigheden is interpreted as the act of signing an agreement in the blank deed / power of attorney of any form of agreement in a blank state, by means of PPAT requesting, initiating or ordering to sign on blank paper contrary to the will of one of the parties, can be categorized as an unlawful act both in law: civil vide Article 1365 jo Article 1320 of the Civil Code, criminal Article 266 Paragraph (1) of the Criminal Code and the code of ethics of the Land Deed Official. The research aims to analyze the binding force of the Sale and Purchase Deed made on the basis of an act of misuse of circumstances (misbruik van omstandigheden) and reflect critically-rationally on the legal impact (implications) on the position of PPAT, as well as to examine the forms of appropriate legal protection models for parties harmed by the use of signed blank. The research method uses descriptive analytical, with a prescriptive nature that examines normative matters in the form of legal methods and is classified (detecting errors through scientific and non-scientific statements) with dogma or law in reality. Normative juridical approach, using secondary data inventoried in the form of primary, secondary and tertiary legal materials, then analyzed with qualitative juridical relating to normative methods and legal documents on Sale and Purchase agreements in general and Land Sale and Purchase agreements in particular relating to acts of misuse of circumstances (misbruik van omstandigheden) as the basis for making land sale and purchase deeds.

Keyphrases: Acts of Abuse of Circumstances, Binding Force, Deed of Sale and Purchase

@booklet{EasyChair:9784,
  author    = {Aslan Noor and Veronica Maria Refinatitianna and Yova Tri Arunasari and Ira Fitriani and Dewi Cita},
  title     = {Action of Abuse of Conditions (Misbruik Van Omstandigheden) in Making of the Deed of Sale and Its Implications on the Position of PPAT},
  howpublished = {EasyChair Preprint 9784},
  year      = {EasyChair, 2023}}