Article Per Year (5 Year)
p-Index From 2021 - 2026
0
P-Index
This Author published in this journals
All Journal Lex Scientia Law Review
Tambunan, Ezra
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Legal Consequences of Presidential Decree Number 12 of 2020 on the Implementation of Private Contracts Cendhani, Cindy; Elvi Kusuma Putri, Dita; Tambunan, Ezra
Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v4i2.41371

Abstract

Corona Virus Disease 2019 (Covid-19) designated as National Disaster by Presidential Decree Number 12 of 2020 concerning Determination of Non-Natural Disasters for the Spread of Covid-19 (Keppres 12/2020). The determination of National Disaster resulted in public speculation would be used as basis canceling all types of contracts or being able to delay implementation contractual with argument force majeure. Force majeure provisions refer to articles 1244-1245 Burgerlijk Wetboek (BW). The question that arises is whether the determination of national disaster can be used as a reason for force majeure for all types of contracts and the legal consequences. This paper uses a normative legal research method with 3 (three) approaches, namely statute approach, conceptual approach, and case approach. So it can be concluded that the National Disaster in Keppres 12/2020 cannot automatically qualify as force majeure on all types of contracts. Because, in the Covid-19 a implementation private contracts still possible.
Legal Consequences of Presidential Decree Number 12 of 2020 on the Implementation of Private Contracts Cendhani, Cindy; Elvi Kusuma Putri, Dita; Tambunan, Ezra
Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v4i2.41371

Abstract

Corona Virus Disease 2019 (Covid-19) designated as National Disaster by Presidential Decree Number 12 of 2020 concerning Determination of Non-Natural Disasters for the Spread of Covid-19 (Keppres 12/2020). The determination of National Disaster resulted in public speculation would be used as basis canceling all types of contracts or being able to delay implementation contractual with argument force majeure. Force majeure provisions refer to articles 1244-1245 Burgerlijk Wetboek (BW). The question that arises is whether the determination of national disaster can be used as a reason for force majeure for all types of contracts and the legal consequences. This paper uses a normative legal research method with 3 (three) approaches, namely statute approach, conceptual approach, and case approach. So it can be concluded that the National Disaster in Keppres 12/2020 cannot automatically qualify as force majeure on all types of contracts. Because, in the Covid-19 a implementation private contracts still possible.
Co-Authors Cendhani, Cindy Elvi Kusuma Putri, Dita