Proving The State Of Dwang, Dwaling And Bedrog In A Lawsuit For Annulment Of An Agreement In An Indonesian Civil Court

Jayadi, Hendri (2023) Proving The State Of Dwang, Dwaling And Bedrog In A Lawsuit For Annulment Of An Agreement In An Indonesian Civil Court. BALTIC JOURNAL OF LAW & POLITICS, 16 (3). pp. 3663-3667. ISSN 2029-0454

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Abstract

A lawsuit to cancel an agreement is one of the legal remedies that can be taken by a party who feels disadvantaged due to the existence of dwang (coercion), dwaling (negligence) or bedrog (fraud) in the agreement. In Indonesian civil courts, proving the existence of dwang, dwaling, and bedrog is very important in determining the validity of an agreement. The purpose of this study is to identify and analyze the process of proving the existence of dwang, dwaling, and bedrog circumstances in a lawsuit for cancellation of an agreement in an Indonesian civil court. This research uses normative legal research methods, while data collection techniques are carried out by literature study. The data that has been collected is then analyzed with three stages, namely data reduction, data presentation and conclusion drawing. The results showed that the proof of the state of dwang, dwaling, and bedrog in the lawsuit for the cancellation of the agreement in the Indonesian civil court is based on article 1866 of the Civil Code, the evidence recognized in civil cases consists of written evidence, witness evidence, suspicion, recognition and oath. Keywords: Dwang, Dwaling, Bedrog, Cancellation of Agreement, Civil Law

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