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All Journal Jurnal Hukum Khaira Ummah
Hanim, Latifah
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of the Application of Exceptio Non Adimpleti Contractus and Force Majeure as a Debtor's Defense in the Debt Payment Suspension Application Process (PKPU) Hanim, Latifah; Wiranto, Agus Prasetia
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52402

Abstract

This study analyzes the fundamental tension between the demands for procedural efficiency in the Suspension of Debt Payment Obligations (PKPU) process and the need for substantial justice in contract law, particularly regarding the application of debtor defenses in the form of Exceptio Non Adimpleti Contractus (ENAC) and Force Majeure. The background shows that PKPU, which is designed as a rescue mechanism, is often misused by creditors as an aggressive collection tool due to the strict interpretation of simple proof (Article 225 of the Bankruptcy Law) which hinders the examination of the creditor's default argument (ENAC) or force majeure. The research method used is normative law, applying a statutory and conceptual approach to the Bankruptcy Law and the Civil Code, with secondary data collection through literature studies and qualitative-deductive analysis. The results and discussion reveal that ENAC is difficult to accept because it requires substantial proof that goes beyond the limits of simple proof, while Force Majeure faces high resistance in money debt, even though its recognition can exempt the debtor from fines and interest. The conclusion suggests that the Commercial Court's failure to consider these material defenses risks transforming the PKPU into a collection instrument that threatens the continuity of fundamentally sound businesses. Suggestions include establishing more concrete prima facie evidence guidelines for material exceptions, synchronizing the debtor's substantive rights in the Civil Code, and encouraging businesses to specify Force Majeure clauses in their contracts.
Force Matters of Negligence in Removing The Debtor's Liability In Civil Agreements Hanim, Latifah; Wiranto, Agus Prasetia
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52401

Abstract

This study aims to analyze the role of force majeure in eliminating debtors' responsibilities in civil agreements and examine the limitations of its application in legal practice in Indonesia. Force majeure is a condition beyond the capabilities and desires of the parties that causes performance to be unable to be fulfilled, thus having implications for the elimination of the debtor's compensation obligation. The main problem in this study is how the concept of force majeure is regulated in Indonesian civil law and the extent to which such conditions can be used as a basis for exempting debtors from their responsibilities. The research method used is normative legal research with a statutory and conceptual approach, which is analyzed qualitatively. The results show that force majeure has an important position as a justification that can exempt debtors from the obligation to pay compensation, as stipulated in the provisions of the Civil Code. However, not all circumstances can be categorized as force majeure; rather, they must meet certain elements such as being unpredictable, occurring beyond the debtor's fault, and being unavoidable. In practice, the interpretation of force majeure often gives rise to differences, especially in determining whether an event truly meets the criteria for force majeure. Therefore, it is necessary to have clearer legal parameters to ensure legal certainty and justice for the parties to the agreement.
Co-Authors Herawati Susilo Lia Yuliati, Lia Wiranto, Agus Prasetia