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All Journal Demokrasi: Jurnal Ilmu Sosial, Politik, dan Hukum
Elip
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Legal Implications of Force Majeure in Contractual Agreements During the COVID-19 Pandemic Elip
Demokrasi: Jurnal Ilmu Sosial, Politik, dan Hukum Vol. 1 No. 1 (2026): Maret: Demokrasi: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Lembaga Penerbit Penelitian Multidisipliner

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Abstract

This study discusses the legal implications of force majeure in resolving contractual disputes during the COVID-19 pandemic, particularly in service agreements such as wedding event planning. The rapid spread of COVID-19 led the Indonesian government to declare a national disaster and implement various restrictive measures, which significantly disrupted contractual performance. This research uses a normative juridical method, relying on statutory regulations, legal doctrines, and literature review to analyze the concept of force majeure and its application in real cases. The findings indicate that many service providers were unable to fulfill their contractual obligations due to external circumstances beyond their control, resulting in disputes with consumers who experienced financial losses. However, such conditions are legally recognized as force majeure, which may release or limit liability for non-performance. The study concludes that dispute resolution should consider fairness and proportionality, encouraging both parties to reach mutual agreements while emphasizing the importance of including clear force majeure clauses in future contracts.
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