Introduction
Everyone
in his life bears the rights and obligations, human rights are devices inherent
in human nature that must be respected and protected by the State, (Filah, 2020)
While the obligation is something that must be done without any reason (Rohmawati, 2016).
Because rights and obligations are logical consequences (Pratama & Hasan, n.d.),
where the rights and obligations of each person are regulated and protected by
law. by article 1 of Law no. 22/1958 that citizens of the Republic of Indonesia
are people who are based on legislation (Amin, 2016).
In
general, criminal law is part of the overall law that applies in a country,
which holds the basics and rules (Moeljatno, 2021)
while civil law is the law that regulates the interests of one citizen with
another citizen (Deliarnoor & SH, n.d.).
Judging from both that the difference between criminal law and civil law lies
in its application, criminal law applies to regulate individual behavior in
social life, while civil law applies to regulate relationships between
individuals and other individuals.
One
example of a legal act regulated in civil law is an agreement. Because in
contract law a person who has non-absolute rights can only exercise his rights
against a certain person, namely other parties who helped agree (Davina, 2020),
and the agreement itself is regulated in the Civil Code, hereinafter
abbreviated as (KUHperdata) Book III concerning the
Agreement.
An
agreement is a legal act that is born from an agreement and agreement on an
object determined by the parties to the agreement. while the object of the agreement
itself is in the form of a promise that must be fulfilled and determined by the
parties who agree, and the promise is the achievement of the agreement.
Achievement is an obligation that must be fulfilled or carried out by the
parties with what has been agreed, the form can be in the form of doing
something or not doing something or giving something.
If
an agreement is denied by one of the parties or one of the parties reneges on a
promise or the achievement is not fulfilled, it is called default, default is
the occurrence of a denial that causes the debtor to be unable to fulfill the
achievements specified in the agreement (Sihombing, 2018)
for example if an obligation from the debtor (the debtor) to fulfill an
achievement is not implemented. It is said to be in default due to not meeting
achievements at all, or being late in fulfilling achievements, or fulfilling
achievements but not as they should be. Default also means not carrying out
obligations on time or carried out but not by what they should be. In detail, default
is the negligence or negligence of a debtor which can be in the form of four
indicators, namely not doing what he can do; Carry out what he promised, but
not as promised; Did what was promised, but it was too late; Doing something
that according to the agreement should not be done.
The
default mentioned above is the result of the non-fulfillment of the agreement
in which the agreement is a civil law domain which in fact should not be
replaced by accusing someone of default in this case based on criminal law but
must be based on civil law, while the definition of fraud itself is one of the
criminal law acts regulated in Article 378 of the Criminal Code, hereinafter
referred to as the Criminal Code which contains that anyone with the intent to
benefit himself or another person unlawfully, by using a false name or false
dignity, by deceit, or a series of lies, inducing another person to hand over
something to him, or to give a debt or write off a debt, is punishable by fraud
with a maximum imprisonment of four years.
The
question that then arises is, what if one of the parties in the agreed
agreement is deemed to have defaulted and then the other party issued based on
criminal law because it is considered to have committed fraud. Many cases occur
in the community where civil cases can be turned into criminal cases and vice
versa, there are still many people, even law enforcers themselves, who still
find it difficult to distinguish or map cases that fall into the criminal and
civil realms. Law enforcement officials themselves sometimes find it difficult to
sort and choose between these cases being in the criminal or civil realm.
First, it must be understood that a clause in the agreement is caused by the
free will of the parties who made it, giving rise to rights and obligations for
the parties.
Whether
an agreement made by the parties contains an element of fraud from one of the
parties, it is necessary to be careful from the other party to understand it,
because there are times when an agreement contains elements of fraud in its clauses,
and there are also times when an agreement does not contain elements of fraud
in its clauses. clause, but in practice, it leads to a fraud offense.
The
problems above are increasingly complicated when there is no understanding
between law enforcement officers in determining the juridical boundaries between
fraud and default, the understanding between the two is very thin, if law
enforcers, be it police, prosecutors and judges are not good at formulating it,
it can be fatal to everyone. Conclusions are drawn if there are cases involving
the two, because they are very different if analyzed further wherein fraud on
the element of intentional and default on the element of the existence of the
object of the agreement, in fraud it requires an intentional act and the object
of the agreement is not the same, while in default it is not required to be
intentional. do and the object of the agreement exists, it's just that there is
no fulfillment of achievement, it is also understood that fraud occurs before a
valid agreement while default after a valid agreement is born.
Based
on the foregoing, this is an important point in this research, that not all
defaults are purely civil law violations, but there are times when someone
"seems" to be in default but he is not in default but he is committing
an offense. fraud in the agreement that has been agreed upon. Therefore, this
distinction becomes an important spotlight and it is very interesting to
research so that it can be known in detail, the legal consequences, especially
for law enforcement officers. So, in this study, "Analysis of Fraud in
Civil Laws in Agreements Resulting in Default", as the title of this
study, makes the authors interested in further researching and discussing this
matter.
Method
A. Research Type
This research is normative research using the type of legal
research that is descriptive and explanatory. This study uses two kinds of
approaches, namely the doctrinal (Wignjosoebroto, 2002), and
non-doctrinaire (DESTAMI, Petanasse, & Nashriana, 2017).
The objects of this research are the legal norms of Article 1320 regarding the
terms of the validity of the agreement, 1328 of the Civil Code on fraud, and
Article 1243 of the Civil Code regarding defaults.
B. Types and Sources of Data
The data used in this study is secondary data in the form
of legal literature, laws, court decisions, papers, and or articles contained
in print and electronic media. has authority, secondary legal materials, and
tertiary legal materials.
1. Primary Material
The authoritative primary legal materials used in this
research consist of:
a) the 1945 Constitution of the Republic of Indonesia.
b) the Criminal Code.
c) Civil Code.
d) Jurisprudence.
2. Secondary legal materials
The secondary legal materials used in this study are
legal doctrines contained in civil and criminal law literature books, articles
in legal journals, or papers written by experts whose material is relevant to
this research. While the tertiary legal materials used in this study are legal
dictionaries, legal encyclopedias, and Indonesian language dictionaries.
3. Tertiary Legal Materials
Tertiary legal materials are instructions regarding
primary materials or secondary materials originating from:
1) Big Indonesian Dictionary (KBBI).
2) Legal Dictionary.
3) Encyclopedia.
4) Internet.
C. Data Collection Techniques
Data collection techniques are carried out empirically,
namely by direct research at the research location. To obtain accurate data, in
this study the data was obtained by using a data collection tool to examine and
take an inventory of legal materials in the library (Library Research), namely
collecting data by conducting a study of books, literature, laws that correlate
with The problem under study is about the parameters
that determine the making of Default and Fraud from One Agreement.
D. Data analysis technique
The data analysis in this study was carried out qualitatively.
The data that had been collected and classified according to the research
problem was then analyzed qualitatively (content analysis) by interpreting the
existing data.
The interpretation of the analyzed data can use authentic,
grammatical, and teleological interpretations, especially related to the
unlawful nature of Article 1243 of the Civil Code and Article 1328 of the Civil
Code to be able to distinguish forms of default and fraud on an agreement. The
results of qualitative analysis or interpretation of the data are then taken
for their meaning so that it is known the essence of the contents of the legal
norms understudy and from that meaning used to answer existing problems so that
conclusions can be obtained from this research.
Results And Discussion
A.
Fraud Based on Article 1328 of the Civil Code
on Agreements Resulting in Default
1.
Elements of Fraud that Lead to Default.
Breaking promises or wanprestasi comes from the original term in Dutch �wanprestie� which means non-fulfillment
achievements or
obligations that have been assigned to certain parties in an engagement, both
engagements born of an agreement or engagement that arises because of the law.
Rights and obligations arise because of the engagement in a valid agreement
according to article 1320 of the Civil Code. The settlement of this case is
resolved through legal channels
criminal acts, namely
the Crime of Fraud (Article 378).
It can be seen the
relationship between two people who bind themselves where one has rights and
one of them has rights has an obligation is called an engagement, the
fulfillment of the rights of an engagement is called an achievement. From these
engagements, an agreement can be formed or it can be said that the agreement is
one of the sources of engagement, which has been regulated in Book III of the
Civil Code. The meaning of the agreement is stated in Article 1313 of the Civil
Code which in full reads: "An agreement is an act where one or more people
bind themselves to one or more other people." An agreement is an event
where one person makes a promise to another person or where the two people
mutually promise to do something. From this event, a relationship arises
between the two people which is called an engagement.
The agreement publishes
an agreement between the two people who make it. In its form, the agreement is
in the form of a series of words containing promises or promises that are spoken
or written (Weydekamp, 2013).
Thus, the relationship
between the engagement and the agreement is that the agreement issues the
engagement. The agreement is the source of the engagement, in addition to other
sources.
An agreement is also
called an agreement because the two parties
agree to do something.
It can be said that the two words (covenant and agreement) are the same in
meaning. The word contract is narrower because it refers to a written agreement
or agreement.
If an agreement cannot
be fulfilled or achievement is not fulfilled, it will result in a default. What
is meant by default is the non-fulfillment of predetermined achievements or
obligations to certain parties in an engagement, whether an engagement born of
an agreement or an engagement arising out of law (Harahap, 1982). A default can occur if the debtor
"because of his fault" does not carry out what was agreed, the debtor
is in default or breach of contract. The main elements of fraud that result in
default are regulated in Article 1328 of the Civil Code which states that:
"Fraud is a
reason to cancel an agreement if the fraud used by one of the parties is such
that it is evident that the other party will not agree without deception".
Further described by (KURNIAWAN, Ikhsan, & Adisti, 2020) are as follows:
1.
To unlawfully benefit oneself or others. In
simple terms, this element is the closest goal of the perpetrator, meaning that
the perpetrator wants to get a profit. Thus the
intention is intended to be profitable and against the law so that my palak
must know that the profit he is aiming for must be against the law.
The definition of
against the law according to its nature is divided into two, namely:
a)
Formal against the law, namely an act that is
against the law if the act is threatened with a criminal offense and is formulated
as an offense in the law, while the legal nature of the act can be abolished
only based on a statutory provision. So according to this teaching against the
law is the same as being against the law or the law (written law).
b)
Against material law, that is, an act is
against the law or not, not only contained in the (written) law but also the
application of unwritten legal principles. The unlawful nature of actions that
are included in the formulation of the offense can be abolished based on the
provisions of the law and also based on unwritten rules.
2.
By using one or more means of inducing fraud
(false name, false dignity/fake circumstances, deception, and a series of lies).
The point is that the nature of fraud as a crime is determined by how the
perpetrator moves others to deliver the goods. The propulsion tools used to
move other people are as follows:
a)
A fake name, in this case, is a name that is
different from the real name even though the difference seems small. It is different
if the fraudster uses another person's name which is the same as his name, then
he can be blamed for deceit or a series of lying acts.
b)
Deceit, what is meant by deception is actions
that are carried out in such a way so that the act gives rise to belief or
belief in the truth of something to others.
c)
False dignity/condition, use of dignity, or
false condition is when a person states that he is in a certain condition,
which condition gives rights to the person who is in that condition.
d)
A series of lies, a few lying words are not enough
as a driving tool. So the series of lies must be told
in a structured manner so that it is a story that can be accepted logically and
correctly. Thus one word strengthens or justifies
another word
3.
Motivate other people to give up an item, give
a debt, or write off a debt. In the act of moving other people to deliver
goods, it is implied that there is a causal relationship between the means of
movement and the delivery of goods. Thus, the elements that must be met so that
a default can be a criminal act of fraud if before agreeing one of the parties
has not had good intentions with:
1)
Using a fake name.
If in agreeing one of
the parties uses a name that is different from the original name even though
the difference seems small. But if he uses someone else's name that is the same
as his name, he can be blamed for deceit or an arrangement of lying deeds.
2)
Using false dignity/statement
If in agreeing one of
the parties states that he is in a certain condition,
where that condition gives rights to the person who is in that condition. For
example, person A is in a certain situation where person A uses his position as
an employee of company P even though he has been dismissed. Then Person A came
to a shop and ordered the store by saying that the employer had ordered A to
take goods from the store. If the store delivers goods to A knowing A is an
employee of company P, then A can be blamed for defrauding the store by using a
false position.
3)
A series of lies.
If in agreeing one of
the parties uses a series of lies that are neatly arranged so that it can
become a logically acceptable story. Thus one word
strengthens or justifies the other word.
4)
Using trickery.
If in an agreement one
of the parties commits acts in such a way that the act gives rise to trust or
belief in the truth of something to another person. In addition to these
elements, default can turn into a criminal act of fraud if the initial
intention of one of the parties in agreeing is to gain benefits for himself or
others by way of against the law.
So according to the
author, the determining parameters between default and fraud are as follows:
1.
Default is closely related to the agreement as
a legal relationship between individuals. The agreement itself was born on the
agreement as referred to in Article 1320 of the Civil Code which contains the
meaning of the parties expressing their respective wills to make a will; the statement
of one party has been approved by the other party.
Strictly speaking, the
act of default is a violation of the law that they have created themselves.
Here the content of the norm subject is individual with the individual.
Meanwhile, fraud is a statutory provision that regulates crimes against
property. So the parameter determining default is a
violation of the promise or law made by the parties in an individual
relationship. Here the subject of the norm of the state is dealing with the
individual. The parameter determining a criminal act of fraud is a crime (men's
rea) against a person's property, which is carried out in a deceitful way or
through lies so that someone gives up goods or objects, not voluntarily.
The crime of fraud as
regulated in the Criminal Code has a different legal character from fraud as a
condition of the validity of the agreement. The fraud here is aimed at the agreement
as a condition for the validity of the agreement, not the assets as specified
in the agreement
fraud in the Criminal
Code. Fraud is related to the terms of the validity of the agreement, the
agreement that is closed in an agreement gives a defect to the will because one
party misleads the other party in providing an overview of the agreement. so
that In fraud, the position between one party and the
other is not balanced.
2.
Default is an act of violating personal
obligations that arise from a legal relationship made by the parties through an
agreement. While fraud is an act committed against the law against someone's
property. With the inclusion of provisions as contained in Article 1 paragraph
(1) of the Criminal Code, whoever is proven to have violated a criminal
provision, formally the said act is against the law because the said act has
violated a prohibition stated in the Criminal Law.
Through the above
understanding, it can be observed "against the law" as referred to in
Article 378 of the Criminal Code in a concrete way marked by using a false name
or false dignity, by deceit, or a series of lies, to induce others to hand over
something to him or to give debts or write off debts.
3.
Default is motivated by the principle of good
faith. This means that the debtor has an effort to fulfill the achievements
according to what is expected promised even though in practice it ends in poor
performance. Article 1338 point 3 states: "An agreement must be carried out
in good faith." As for fraud, it is motivated by evil acts (men's rea)
this can be seen from the subjective element of the criminal act of fraud,
namely: to benefit oneself or others there is an element of intent (dolus/opzet), not in the form of
accident.
B.
Legal Consequences of Agreements Containing Fraud
Elements Can Be Canceled Or Canceled By Law
An agreement is an act
in which one or more persons bind themselves to one or more other persons. The
validity of the agreement is determined by the legal terms of the agreement as
stipulated in Article 1320 of the Civil Code (KUHPer).
The consequence of not fulfilling the legal requirements of the agreement is
that the agreement becomes invalid, and the agreement can be canceled or null
and void by law.
The cancellation of
the agreement is a condition that results in a contractual relationship or the
agreement is deemed to have never existed. The cancellation of the agreement
itself is recognized and regulated in the Criminal Code, precisely in Article
1446 to Article 1456. However, not all agreements can be canceled. Cancellation
of the agreement must meet the cancellation conditions specified in the
agreement Constitution.
The cancellation of
the agreement that results in the agreement being deemed never existed, of
course, creates new legal consequences for the parties to the agreement.
Cancellation of the
agreement can be requested by one of the parties to the agreement who feels
aggrieved.
An agreement can be
called for cancellation if:
1.
The agreement made violates the subjective conditions
of the validity of the agreement as regulated in Article 1320 Paragraphs 1 and
2 of the Criminal Code, namely the agreement was born due to a defect of will (wilsgebreke) among others due to oversight, coercion, or
fraud, or due to the incompetence of the parties in the agreement (ombekwaamheid), resulting in the agreement being canceled (vernietigbaar).
2.
The agreement that is made violates the
objective requirements for the validity of the agreement as regulated in
Article 1320 paragraphs 3 and 4, the agreement is made not to fulfill certain
object requirements or has a reason that is not allowed such as contrary to
law, public order, and decency, resulting in the agreement being null and void
(dieting).
By the provisions of
Article 1265 of the Criminal Code, the void condition is a condition which, if
fulfilled, will terminate the engagement and bring everything to its original
state as if there was no agreement. Things that must be considered as a
condition for the cancellation of an agreement is the existence of a default,
in which the default is always considered as a void condition in an agreement
so that the party who feels aggrieved because the other party is in default can
demand the cancellation of the agreement.
The demand for the
cancellation of the agreement must be carried out through the court so that the
cancellation of the agreement is through a judge's decision by the provisions
of Article 1266 of the Criminal Code.
According to Subekti, the cancellation of the agreement can be done by:
There are two ways, namely
in an active way, namely directly by demanding an annulment in front of a judge
or using a defense, namely waiting to be sued before a judge. To fulfill the
agreement and just put forward an excuse regarding the lack of the agreement (Simanjuntak, 2020). The term of the claim for cancellation of
the agreement is five years. In addition, an agreement that can be canceled
must be reciprocal, namely an agreement that gives rights and obligations to
both parties.
The above conditions
are conditions that must be met for an agreement that can be canceled, while
for an agreement that is null and void, the agreement is invalid and the
agreement is considered to have never existed.
Article 1381 of the
Civil Code, an engagement can be terminated, one of which is due to
cancellation or cancellation and the enactment of a void condition. For an
agreement to be valid, for example, at least the essential elements must be
fulfilled, otherwise, the agreement will be null and void. But if the deficiency
is only in the form of a defect in a certain will, as regulated in Article
1321-1328 of the Civil Code, then the agreement is stillborn, it's just not
valid;
"illegitimate" in the sense that upon the demands of the party whose
will is defective, the agreement can be canceled.
The conditions
associated with the validity of legal action can be elements related to the
person of the perpetrator or related to the content or form, into which legal
actions must be poured. In addition, we also see that there are many variations
in the form of defects in legal actions and the consequences that arise, from
not fulfilling the requirements as determined by law; however, all of them lead
to the same problem, namely the illegitimacy of an action
the law, with its consequences,
does not arise as expected legal consequences. (Satrio, 1996) In reality, every de facto action (action)
always causes a result (reaction) and the law inevitably has to take it into
account, and that is also the case. If the agreement is invalid, then there are
times when the law stipulates that what has been submitted based on an invalid
agreement can be reclaimed and if the legal action causes harm to the other
party, then the law stipulates for those who suffer losses the right to claim
compensation.
Cancellation is
nothing but an event, where the action does not cause legal consequences as
intended, and it happens by itself, without requiring an action to cancel,
without having to be prosecuted. People used to call it null and void (SUSANTI, Nashriana, & Pettanasse, 2018).
1.
Legal Consequences of Agreements Containing
Fraud Elements Can Be Canceled
Article 1328 of the
Civil Code states that:
"Fraud is a
reason to cancel an agreement if the fraud used by one of the parties is such
that it is evident that the other party will not agree without deception".
In the provisions of
Article 1328 of the Civil Code, it can be seen that:
a)
The law does not define what constitutes fraud.
b)
In the case of fraud, the deceived party does
give a statement by his will, but that will is due to
deception or is intentionally directed to something contrary to his actual will.
That there must be
deception (which is an element of fraud), what is meant by deception is a series
of stories (lies) that are not true, and every deceptive attitude or action,
which is not just a lie, but is considered a fraud. The deceived party can file
a lawsuit for cancellation of the agreement in court based on fraud or oversight,
or it can be based on both.
The legal consequences
of these two things, the party who feels cheated can demand the cancellation of
the agreement with or without compensation through a default lawsuit.
Furthermore, as regulated in Article 1321 of the Civil Code which principally states
that no agreement has the power, if there is an error or obtained by coercion
or fraud (Aeni, 2019).
There is a difference
between null and void (considered never existed) and can be canceled (requested
to be canceled first). The factor of error, coercion, or fraud, is an element
that does not meet the objective requirements of the agreement so that it is
not automatically canceled but must be requested for its cancellation in court.
As a result of the
cancellation of the agreement, one of the parties can request the cancellation
of the agreement. The agreement will remain binding on the parties if it is not
canceled by the judge at the request of the party entitled to request the
cancellation. The right to request cancellation of the agreement, demand
restoration, and even the right to sue
Compensation is a
right for parties who feel aggrieved, while other parties who have already
received achievements from other parties must return them.
A further consequence
of the cancellation of the agreement is that if after the cancellation one of
the parties does not carry out its obligations to return what has been
obtained, the other party can file a lawsuit. This is solely to carry out the
purpose of the cancellation, which is to restore the situation as it was before
the agreement occurred.
2.
Legal Consequences of Agreements Containing
Fraud Elements are null and void
Cancellation is a statement
of the cancellation of legal action against a claim from the party(s), which by
law, is justified to demand such annulment. Here, the same as in the event of
cancellation, there is also a legal action that contains defects, but according
to the law, the action still has legal consequences as expected or intended by
the perpetrator, only the agreement that arises based on the legal action is
based on the demands of the perpetrator. the other party can be canceled.
Cancellation is carried out by the judge at the request of such a party. The
effect of the cancellation is retroactive, so that, after the statement is
canceled by the Judge, the situation becomes the same as that which is null and
void by law.
An agreement with a prohibited
cause is null and void, so there is an event of cancellation, it is null and
void by law and applies to and can be advanced by anyone (there are
cancellations, absolute, by law and can be submitted by anyone). Thus, it has
become a necessity that every agreement must be based on good faith as stated
in Article 1338 of the Civil Code, namely:
�All agreements made by
the law apply as law to those who make them. The agreement cannot be withdrawn
other than by agreement of both parties, or for reasons determined by law.
Approval must be carried out in good faith�.
The elements above are
what must be met so that a cooperation agreement is said to be legal (has
legality). So if there is a prohibited cause in the
agreement, can it be punished? Article 1254 of the Civil Code states:
"All conditions
that aim to do something impossible to implement, something that is contrary to
good morals, or something that is prohibited by law is null and void and
results in the agreement hanging on it being invalid."
If there is something
forbidden in the agreement, the objective conditions of the agreement are not
fulfilled so that the agreement is null and void. This means that from the
beginning there was never an agreement and there was never an engagement.
Regarding prohibited causes, it is regulated in Article 1337 of the Civil Code,
which reads:
"A cause is prohibited,
if the cause is prohibited by law or if the cause is contrary to morality or
public order".
Regarding this
forbidden thing, according to Subekti (ISNAINI, Handayani, & Murty, 2019).
give an example: if
the matter of killing is included in the agreement, for example, The seller is
only willing to sell his knife if the buyer kills someone. According to him,
the contents of this agreement became something forbidden. Another example is
related to fraud or fraudulent acts (bedrog) which
can be found in Article 378 of the Criminal Code (�KUHP�), as follows:
Any person who, intending
to unlawfully benefit himself or another person, by using a false name or false
dignity, by deceit, or a series of lies, induces another person to hand over
something to him or to give him a debt or write off a debt, is threatened with fraud.
with a maximum imprisonment of 4 years.
Fraud occurs when one
party intentionally provides false or untrue information accompanied by a ruse
to persuade the other party to give permission. The deceiving party acts actively
to mislead the other party. As explained above, an agreement containing
prohibited items causes the agreement to be null and void, based on Article
1254 of the Civil Code.
Conclusion
Fraud based
on Article 1328 of the Civil Code in the agreement does not result in default.
Because default and fraud in civil law have different elements. Default is
regulated in Article 1243 of the Civil Code, while fraud in civil law is
regulated in 1328 of the Civil Code. Default (negligence or negligence) of a
person can be in the form of 4 (four) kinds, namely: First, not doing what he
is capable of doing; Second, carry out what he promised but not as promised;
Third, carry out what was promised but it was too late; Fourth, carry out
something that according to the agreement may not be done.
Meanwhile,
the fraud referred to in this study consists of the concept of fraud contained
in Article 1328 of the Civil Code, namely, the existence of a will defect. Defects of will are caused by an error or negligence,
coercion, and deception. Thus, to find out when a default occurs and when fraud
occurs lies in someone's intention, if before the contract was closed/signed
from the start there was no good intention then this is an act of fraud if
after the contract is closed/signed someone's bad intentions arise then this is
an act of default.
The
consequences of an agreement containing an element of fraud can be canceled or
null and void by law. The condition for canceling the agreement is that the
agreement to be canceled must be reciprocal, namely an agreement that gives
rights and obligations to both parties, cancellation is carried out through the
court so that the cancellation of the agreement is through a judge's decision,
and there must be a default. The agreement can be canceled if it is not by the
subjective and objective conditions of the agreement as regulated in Article
1320 of the Criminal Code. Furthermore, as regulated in Article 1321 of the
Civil Code which principally states that no agreement has the power, if there
is an error or obtained by coercion or fraud.
Meanwhile,
the legal consequence of an agreement that is null and void is that the
agreement is considered null and void or even the agreement is considered non-existent
and never happened from the beginning. Those who have already received achievements
must return them. an agreement that has prohibited things causes the agreement
to be null and void, based on Article 1254 of the Civil Code.
References
Aeni, Eni Nur. (2019). Pengaruh
Onlineshop Terhadap Perilaku Konsumtif Mahasiswa Fakultas Ekonomi Dan Bisnis
Islam (Febi) Uin Walisongo Semarang. Uin Walisongo Semarang.Google Scholar
Amin,
Muhamad. (2016). Strategi Pemasaran Mlm (Multi Level Marketing) Perspektif
Ekonomi Islam (Studi Kasus Pada Pt. Natural Nusantara Cabang Purwokerto).
Iain Purwokerto. Google Scholar
Davina,
Gabriella. (2020). Laporan Magang Perjanjian Baku Pengadaan Barang Dan Jasa
Ups Di Pt Deltasindo Raya Sejahtera Dan Kaitannya Dengan Asas-Asas Perjanjian.
Universitas Pelita Harapan. Google Scholar
Deliarnoor,
H. Nandang Alamsah, & Sh, M. (N.D.). Pengertian Sistem Hukum Indonesia.
Google Scholar
Destami,
Rian, Petanasse, Syarifuddin, & Nashriana, Nashriana. (2017). Penerapan
Prinsip Restorative Justice Terhadap Pelaku Tindak Pidana Lanjut Usia Dalam
Kaitannya Dengan Putusan Pengadilan Negeri Muara Enim Nomor: 372/Pid.
Sus/2014/Pn. Mre. Sriwijaya University. Google Scholar
Filah,
Nafilah. (2020). Hak Dan Kewajiban Warga Negara. Google Scholar
Harahap,
M. Yahya. (1982). Segi-Segi Hukum Perjanjian. Penerbit Alumni. Google Scholar
Isnaini,
Munawatul, Handayani, Sri, & Murty, Theta. (2019). Analisis Pembatalan
Perjanjian Pinjam Meminjam Pada Pt Bangun Karya Pratama Lestari Dan Nine Am Ltd
(Studi Putusan Mahkamah Agung Nomor 1572 K/Pdt/2015). Sriwijaya University.
Google Scholar
Kurniawan,
Fikry, Ikhsan, Rd, & Adisti, Neisa Angrum. (2020). Pertimbangan Hakim Dalam
Putusan Tindak Pidana Penipuan Oleh Pengurus Panti Asuhan Yang Dilakukan Secara
Berlanjut. Sriwijaya University. Google Scholar
Moeljatno,
S. H. (2021). Kuhp (Kitab Undang-Undang Hukum Pidana). Bumi Aksara. Google Scholar
Pratama,
Nurfaizul Imam, & Hasan, Safari. (N.D.). Hak Dan Kewajiban Warga Negara
Dalam Kehidupan Berbangsa Dan Bernegara Berdasarkan Pancasila Dan Uud 1945.
Google Scholar
Rohmawati,
Tatik. (2016). Hak Dan Kewajiban Warga Negara. Google Scholar
Satrio,
Juswito. (1996). Hukum Perikatan Tentang Hapusnya Perikatan: Bagian 2:
Xviii, 256 P. Citra Aditya Bakti. Google Scholar
Sihombing,
Mahdalena. (2018). Komparasi Akibat Hukum Ingkar Janji Menurut Burgerlijk
Wetboek Dan Kompilasi Hukum Ekonomi Syariah. Iain Padangsidimpuan. Google Scholar
Simanjuntak,
Partogi Natigor Hamonangan. (2020). Pokok-Pokok Hukum Perdata Indonesia.
Djambatan. Google Scholar
Susanti,
A. Y. U., Nashriana, Nashriana, & Pettanasse, Syarifuddin. (2018). Analisis
Putusan Pengadilan Pada Perkara Tindak Pidana Pencabulan Terhadap Anak (Studi
Putusan Nomor: 170/Pid. B/2017/Pn. Pmb). Sriwijaya University. Google Scholar
Weydekamp,
Gerry. (2013). Pembatalan Perjanjian Sepihak Sebagai Suatu Perbuatan Melawan
Hukum. Lex Privatum, 1(4). Google Scholar
Wignjosoebroto,
Soetandyo. (2002). Hukum: Paradigma, Metode, Dan Dinamika Masalahnya.
Elsam. Google Scholar
Analysis of Fraud in Civil on Agreements Resulting in Default