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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum SASI
Merry Tjoanda
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Journal : SASI

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Covid-19 Sebagai Bentuk Overmacht dan Akibat Hukumnya Terhadap Pelaksanaan Perjanjian Kredit Merry Tjoanda; Yosia Hetharie; Marselo Valentino Geovani Pariela; Ronald Fadly Sopamena
SASI Vol 27, No 1 (2021): Volume 27 Nomor 1, Januari - Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i1.447

Abstract

The study is aimed at identifying and analyzing covid-19 as a form of relative overmacht and as a result of the overmacht law in the credit agreement and the policy of ending the credit agreement as a result of the covid-19 pandemic. The study method used in this study was normatif juridical, a doctrinal law study method by examining and studying the regulations of legislation that served asa basis for then analyzing the issues discussed. The study is analytical by using primary and secondary legal materials through the study of related documents and literature. The analysis used in the study is qualitative analysis to address the issues discussed. According to research, the covid-19 is a non-natural disaster that can therefore be categorized as overmacht measurement. As a form of overmacht relative, the result of the law of the spread of covid-19 as the overmacht relative to the credit agreement is that the debtor still has to fulfill his obligations to the debtor after the covid-19 is over. In its implementation based on POJK 11/2020, the debtor is given credit relief through restructuring in accordance with the form of restructuring issued by the bank in the form of lowering interest rates, extension of term, reduction of principal arrears, reduction of interest arrears and other forms according to verification and analysis of the bank on affected debtors covid-19.
Kekuatan Mengikat Surat Penunjukan Penyedia Barang dan Jasa Pemerintah dalam Kontrak Pengadaan Barang/Jasa Pemerintah di Masa Pandemi Covid-19 Merry Tjoanda
SASI Vol 26, No 3 (2020): Volume 26 Nomor 3, Juli - September 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i3.396

Abstract

The process of determining the auction winner for a goods / services procurement project ends with the issuance of SPPBJ by PPK. The purpose of this study is to analyze the legally binding force of the Goods / Services Provider Appointment Letter (SPPBJ) in government procurement contracts of goods / services, especially during the Covid-19 pandemic. The results showed that before the contract for the procurement of goods / services was signed by the PPK and the provision of goods / services, the SPPBJ that had been issued by the function of executing the auctioned work provided that there were no objections from other participants and the rebuttal period had ended. SPPBJ acts as a binding contract, where SPPBJ is very much needed because the contract may be canceled or transferred due to refocusing of activities and relocation of budgets due to the impact of the Covid-19 pandemic as it is today. There needs to be a more stringent regulation in the SPPBJ issuance process to deal with irregularities that may still occur, which is carried out by PPK.
Co-Authors Adonia Ivonne Laturette Balik, Agustina Barzah Latupono Bayu Sapto Aji Erwin Simaremare Fivanti Filberth Khoemarga Gabriella Patricia Trinita Tomasoa Galang Djokdja Hamada Reinaldy Mantulameten Helmi Djardin Irfan Prawira Idris Jenny Kristiana Matuankotta Jihan Ainun Mardian Septyawati Jihan Rizki Putri Permono Kristin Atihuta Marselo Valentino Geovani Pariela Marsye R Leterulu Maxie Sinay Moh Jihad Labetubun Muchtar Anshary Hamid Labetubun Nancy Silvana Haliwela Novela Pattipawaej Novyta Uktelseja Novyta Uktolseja Nurainy Usman Pieter Radjawane Ronald Fadly Sopamena Ronald Saija Saartje Sarah Alfons Sarah Selfina Kuahaty Sarmila Walalayo Siti Fatima Iha Stevi Josua Leimena Theresia Louize Pesulima Vina Ramadhina Malawat Weldo Parinussa Yared Hetharie Yosia Hetharie