Undue influence in the AgreementBased on Indonesian Civil Law and Islamic Law

10.2478/bjlp-2023-0000068

Abstract

Agreement is an agreement or approval. Agreements may not be made due to an oversight or obtained under coercion or fraud. Based on the provisions of Article 1320 of the Civil Code, this has the consequence that one of the parties can request cancellation of the agreement. In its development, coercion can also be carried out through undue influence which results in the party being forced to be in a state that is not free at the time of making the agreement. In Islamic law, the true source of the agreement is the Qur'an and Sunnah. By making the Qur'an and Sunnah the main source of agreements, it is hoped that there will be no deviations in making agreements. Through normative research with a statutory approach, an analysis of agreements originating from the undue influence of the two laws mentioned above is carried out. In conclusion, defects of will due to undue influence are not regulated in Indonesian civil law, but found in doctrine and law enforcement. It is different with Islamic law, defects of will due to factors of undue influence are prohibited, this act is the same as having done injustice and vanity to another, which results in an agreement being null and void by law.