LEGAL PROTECTION AGAINST THE ABUSE OF CIRCUMSTANCES (MISBRUIK VAN OMSTANDIGHEDEN) IN THE FORMATION OF FAIR CONTRACTS

Abstract The doctrine of abuse of circumstances (misbruik van omstandigheden) plays a crucial role in achieving justice in the formation of contracts, with the principles of equality and fairness as its foundation. This doctrine aims to maintain a balance of bargaining power and protect the dignity of individuals. However, the absence of specific regulations governing it in Indonesia leads to legal uncertainty, disadvantages the weaker party, and creates a paradox between freedom of contract and social justice, potentially undermining the legitimacy of the legal system. This research is a normative legal study. The approach used in this research includes the statutory approach, conceptual approach, philosophical approach, and case approach. The theoretical framework employed as the analytical tool consists of John Rawls' theory of justice, the theory of basic legal values, and the theory of constructive interpretation. The findings of this research are: The doctrine of abuse of circumstances is crucial to be integrated into Indonesian contract law to protect weaker parties, uphold justice, and ensure balance in contractual agreements. This can be realized through new legislation or Supreme Court regulations prioritizing good faith, the protection of vulnerable parties, and the principle of substantive justice. Such an approach enhances legal protection and fosters the formation of equitable contracts in Indonesia.