LEGAL STUDY OF DECISIONS SUPREME COURTS NUMBER: 85 K / Pid.Sus / 2012 Contract Abolition Due to Undue Influence (Law Reconstruction of Obligation the Civil Code in Indonesia)

Abstract

The norms and norms that live within the community serve to fortify the behavior of the community in their daily deeds, but over time the change in public behavior becomes more visible, the norms previously obeyed by society are increasingly abandoned, the behavior of society when it reflects the culture of society.

One of the facts can be seen in the case of the Supreme Court Decision No: 85K / Pid. Sus / 2012, in this case there has been a Crime of Corruption committed by Hidayat Bin H. AbuMukminanddecidedbytheBlangkejerenDistrictCourt,Hidayat'sactionsare not proven legally and convincingly guilty of committing a criminal act of corruption and releasing him. 

In this study the authors intend to examine the Supreme Court Decision No: 85k / Pid.Sus / 2012 has fulfilled the purpose of law as disclosed by Gustav Radbruch.

The research method is analytical descriptive with normative juridical approach method that is research with library concept, data obtained through library study so that the data is in the form of secondary data.

From this research can be concluded that the decision is far from the value of justice and kemamfaatan, but provide legal certainty against the defendant and his family.

Keywords: Supreme Court Decision No: 85K / Pid.Sus / 2012