COERCION ACCORDING TO LAW SYSTEM (INDONESIAN CIVIL CODE) AND COMMON LAW SYSTEM (BRITISH JURISPRUDENCE) IN AGREEMENTCoercion in Agreements • June 23rd, 2021
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, coerci
