ANALISIS YURIDIS PUTUSAN PENGADILAN TINGGI SURABAYA NOMOR 282/PDT/2023/PT.SBY MENGENAI PERBUATAN MELAWAN HUKUM “PENYALAHGUNAAN KEADAAN” DALAM PERJANJIAN PEMBERIAN KUASA

Abstract

Defects of consent include abuse of circumstances (misbruik van omstandigheden) based on an understanding of the imbalance of positions and conditions of the parties to the agreement, which is exploited by the superior party, thereby giving rise to a lack of free will. The issue discussed is the element of unlawful acts in the form of abuse of circumstances as referred to in Surabaya High Court Decision Number 282/PDT/2023/PT.SBY relating to the legal considerations of the Panel of Judges (ratio decidendi) and the legal consequences of the Panel of Judges' decision. Using a normative legal research method. Based on this research, the power of attorney agreement did not arise from free will because it took advantage of special circumstances, resulting in the agreement being nullified. This research concludes that caution is necessary in contractual matters, especially regarding the balance of power between the parties, freedom of will, good faith, and propriety.