Contract Abolition Due to Undue Influence (Law Reconstruction of Obligation the Civil Code in Indonesia)

Abstract

The validity of the agreement is not only related to contracting or relating to the content and it is solely agreed but the factor of contract is determined by factor of a contract which has a legal disability. An abusing factors of circumstances in legal development by judges at the district, High Court or Supreme Court level are repeatedly used as the basis for the cancellation of contracts by parties that make contracts after defaultimg and ultimately litigating in the Court. In determining an act to categorize as an element in resulting the birth of a defect contract because of the undue influece, there is no criterion that contained in the Law or in the Civil Code (Civil Code) which has been the basis in making the contract, thus causing diversity among Judges in determining whether the birth of a contract is an act of undue influence or not undue influence.