Application of Article 1321 of the Civil Code Concerning Vitiated Consent in Court Decisions in Indonesia

DOI

10.2991/978-2-494069-49-7_126How to use a DOI?

Keywords

Vitiated Consent; Court Decision; Indonesia

Abstract

Article 1321 of the Civil Code applies in a limited manner three forms of vitiated consent, namely mistake, duress and fraud. The consequence of vitiated consent is potential petition for the cancellation of agreement. The purpose of this research is to elaborate on the application of the normative provisions of Article 1321 of the Civil Code in concrete cases, namely how judges apply the provisions of duress, fraud or mistake as a basis for the cancellation of agreement. It is based on literature review, it is qualitative in nature, using secondary data obtained based on review of literature and court decisions, reaching conclusion based on the inductive method. The results indicate that Civil Code does not provide for specific criteria or elements which must met in order to be able to determine the a will is defective as result of duress, mistake, or fraud. Consequently, judges do not have clear guidance in determining defective will. Moreover, the issue of defective will is centered around the construction of the formation of agreement. Judges therefore need to take a comprehensive rather than formalistic approach in understanding legal facts and related acts. This research helps law students understand legal norms as they are applied in practice.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Natasya Yunita Sugiastuti
AU  - Rakhmita Desmayanti
AU  - Nahla Samir
PY  - 2022
DA  - 2022/12/29
TI  - Application of Article 1321 of the Civil Code Concerning Vitiated Consent in Court Decisions in Indonesia
BT  - Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)
PB  - Atlantis Press
SP  - 753
EP  - 758
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-49-7_126
DO  - 10.2991/978-2-494069-49-7_126
ID  - Sugiastuti2022
ER  -