Manuscript Title:

COERCION ACCORDING TO LAW SYSTEM (INDONESIAN CIVIL CODE) AND COMMON LAW SYSTEM (BRITISH JURISPRUDENCE) IN AGREEMENT

Author:

Thea Farina, Putri Fransiska Purnama Pratiwi

DOI Number:

DOI:10.17605/OSF.IO/VJMXU

Published : 2021-06-23

About the author(s)

1. Thea Farina - Faculty of Law, University of Palangka Raya, Indonesia UPR Campus Tunjung Nyaho H. Timang Street Palangka Raya (73111A), Central Kalimantan, Indonesia.
2. Putri Fransiska Purnama Pratiwi - Faculty of Law, University of Palangka Raya, Indonesia UPR Campus Tunjung Nyaho H. Timang Street Palangka Raya (73111A), Central Kalimantan, Indonesia.

Full Text : PDF

Abstract

Nowadays, many agreements contain defects including the laws that contain coercion that may bring legal effect to the agreement itself. Article 1321 of the Indonesian Civil Code reads: No agreement shall have power if given in error, or obtained by force or fraud, while article 1323 of the Indonesian Civil Code reads: Forces imposed on the person making an agreement result in the revocation of the agreement in question if the coercion is made by the third party who is disinterested in the agreement made. Thus, researchers are interested in bringing the case up into a study of coercion (Dwang/Duress) according to the Civil Law System (Indonesian Civil Code) and the Common Law System (British Jurisprudence) in the Agreement. According to the Common Law, coercion or threat that may disgrace (to disgrace) the family is a close relative whereas according to Civil Law (Indonesia) the threat to the family is restricted to the husband/wife or relatives in a line up or down. In addition, coercion or threat of coercion with losses, according to Civil Law, there must be a causal relation. Agreements that contain duress or coercion or threat of coercion either according to the Common Law or Civil Law can be requested for cancellation on condition that there is evidence of coercion and the coercion is against the law.


Keywords

Agreement, Coercion, Cancellation of Agreement.