MISBRUIK VAN OMSTANDIGHEDEN OLEH PENGGUNA JASA TERHADAP KONTRAKTOR (Studi Kasus Perjanjian Pelaksanaan Pekerjaan Pembangunan Rumah Premier No. 003/XXX-XXX/XXX/XXXX)

Significant developments in civil law have kept pace with social changes, including the emergence of the doctrine of abuse of circumstances, known in the Nieuw Burgerlijk Wetboek (NBW) as Misbruik Van Omstandigheden. This doctrine originates from Dutch jurisprudence and serves as a valid ground for contract cancellation, and has now been codified in the NBW. In Indonesia, although Misbruik Van Omstandigheden has not yet been codified in the Civil Code, several court rulings have recognised its relevance. The use of this doctrine as a reason for contract cancellation continues to evolve, with construction contracts being particularly susceptible to its application, especially where one party holds a stronger position. Construction contracts often reflect this imbalance, particularly between the project owner (service user) and the contractor (service provider). The economic or psychological dominance of the service user can lead to exploitative practices that harm the contractor. This study employs a normative legal method by analysing legal norms, court rulings, and doctrines, with a specific focus on the Premier House Construction Agreement No. 003/XXX-XXX/XXX/XXXX as a case study. The analysis also refers to books, journals, and other legal sources. This study aims to answer two main questions: (1) How does the Premier House Construction Agreement meet the criteria of the Misbruik Van Omstandigheden doctrine within the framework of the Civil Code? and (2) What is the urgency of including the Misbruik Van Omstandigheden clause in construction agreements, especially considering Judgment No. 9/PDT.G/2010/PN SP?