Purnamasari, Ima
(2019)
Penyalahgunaan Keadaan Oleh Kreditur Dalam Perjanjian Utang Piutang (Studi Kasus: Putusan Mahkamah Agung Nomor 2115 K/Pdt/2014) = Undue influence (misbruik van omstandigheden) by creditor in the loan agreement (case study: supreme court decision number: 2115 k/pdt/2014).
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
In a loan agreement that contains undue influence (misbruik van omstandigheden), debitor must carry out the legal consequences based on the agreement. Debitor feel does not to must accept the law from the loan agreement, because it approval which given by debitor in the loan agreement based on undue influence. Parties who feel disadvantaged must able to prove that the conditions at the time of the loan agreement are based on undue influence, so that they should not carry out legal consequences of the loan agreement. In case of the Supreme Court's decision number 2115 K/Pdt/2014, the case between Ellis Purba and Zulpawan Purba which had an element of undue influence was carried out by creditor in the loan agreement. So that it creates legal consequences that should not be carried out by either party. The author uses normative legal research with an approach to law and case approach. As a result of the law in the loan agreement while not canceled by one of the parties, it is still valid for the parties making the loan agreement. The efforts to settle influence debts in the loan agreement have been processed through a district court, high court and supreme court by passing a verdict to punish debitor to pay the remaining debt of Rp. 66.000.000 (sixty six million rupiah) immediately and cash plus interest at 6% (six percent) annually from Rp. 66.000.000 (sixty six million rupiah).
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