The Enforceability Force Majeure’s Clause in Performance of Business Contracts During Pandemic Covid-19 in Indonesia

DOI

10.2991/assehr.k.201209.320How to use a DOI?

Keywords

Force Majeure, Business Contracts, Pandemic Covid-19

Abstract

This study examines the enforceability of Force Majeure’s clauses in the Performance of business contracts during the covid-19 pandemic in Indonesia, so that a study of the problem with the legal issues discussed are Is the Covid-19 Pandemic a force majeure? and What is legal consequences as a result of the force majeure agreement in implementing contracts during the Covid 19 pandemic? The method used is a normative juridical research method, namely research on legal principles using secondary data. While the data analysis method used is a qualitative method and the data collection tool used is the study of documents. The results of this study are The Covid-19 pandemic can be categorized as force majeure as long as it is proven by the debtor by paying attention to three instruments such as the Agreement, Article 1244 jo. 1245 BW, and Government Policy. If the debtor cannot prove this, the debtor is declared to have broken his promise to the creditor. If the debtor can prove it and the creditor agrees, there are several legal steps that can be taken, namely: delaying the implementation of the agreement by making an addendum or canceling the agreement.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Nizam Zakka Arrizal
PY  - 2020
DA  - 2020/12/14
TI  - The Enforceability Force Majeure’s Clause in Performance of Business Contracts During Pandemic Covid-19 in Indonesia
BT  - Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)
PB  - Atlantis Press
SP  - 409
EP  - 417
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.320
DO  - 10.2991/assehr.k.201209.320
ID  - Arrizal2020
ER  -