ARCHIVES
VOL. 7, ISSUE 1 (2021)
Default in business law in Covid-19 pandemic in Indonesia
Authors
Elza Syarief
Abstract
Agreement/contract are a legal relationship that is often carried out in the business world/community in Indonesia. With the Covid-19 pandemic, the Indonesian government through Presidential Decree No. 12 of 2020 determined the Corona Virus (COVID19) as a National Disaster. The purpose of this paper is to determine the efforts to solve problems due to default in the implementation of business contracts. Regarding the Covid-19 outbreak, can legally this global pandemic be used as an excuse as a force majeure for not carrying out the agreement? Should there be a determination of a national disaster so that the Covid-19 incident can be called a force majeure or force majeure? Article 1245 is included in Book III of Indonesian Civil Code, Which complements the agreement. This means that as long as the parties do not regulate otherwise, the provisions of Book III, particularly regarding force majeure, will apply. Force majeure or state of force has two characteristics, namely general and special. The general force majeure is related to the act of god, while the force majeure which is specific is related to the act of human. Since in the case of the corona pandemic the Indonesian government issued a regulation, the force majeure in the corona context was a special category (act of human). When viewed from the point of view of case position, there is also a relative force majeure with an element of difficulty, and absolute force majeure which has an impossibility factor.
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Pages:197-201
How to cite this article:
Elza Syarief "Default in business law in Covid-19 pandemic in Indonesia". International Journal of Law, Vol 7, Issue 1, 2021, Pages 197-201
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