Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Jurnal Sains Student Research

Penerapan Klausul Force Majeure dalam Kontrak Jual Beli pada Masa Pandemi COVID-19: Studi Kasus PT Hasjrat Multifinance (HMF) Cabang Kotamobagu Siti Zahroh; Sahala Sahat Amudi Sagala; Ramos Kurnia Panggabean; Rayi Kharisma Rajib
JOURNAL SAINS STUDENT RESEARCH Vol. 3 No. 6 (2025): Jurnal Sains Student Research (JSSR) Desember
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v3i6.7047

Abstract

This study discusses the application of force majeure clauses in sales contracts during the COVID-19 pandemic, focusing on the case study of PT Hasjrat Multifinance (HMF) Kotamobagu Branch. In this case, the defendants cited the COVID-19 pandemic as a force majeure situation that prevented them from fulfilling their contractual obligations. However, the panel of judges ruled that recognizing the pandemic as a force majeure reason must take into account existing legal provisions and the absence of specific regulations governing pandemics as force majeure in Indonesia at that time. Therefore, this case illustrates the importance of a detailed evaluation of contract clauses and the application of force majeure, taking into account the legal context and facts on the ground. This study also highlights the need for clear and specific force majeure clauses in sales contracts to explicitly regulate extraordinary conditions such as pandemics. Another issue discussed is the possibility of contract renegotiation as a solution when force majeure clauses do not cover pandemic conditions, in order to ensure that the valid execution of contracts can still be realized despite extraordinary obstacles. Thus, this study provides a comprehensive overview of legal issues, practical solutions, and the impact of the COVID-19 pandemic on the fulfillment of sales and purchase contracts in Indonesia, particularly through the legal perspective of the Kotamobagu District Court's decision against PT Hasjrat Multifinance.
Analisis Kritis PHK dan Upaya Perlindungan Hak Pekerja dalam Kasus PT Far East Seating (Putusan No. 2/Pdt.Sus-PHI/2024/PN Smg) Iqbal Tama Segara Hutabarat; Kevin Marihot Marpaung; Fakhri Fadhlurrohman Riyanto; Rayi Kharisma Rajib
JOURNAL SAINS STUDENT RESEARCH Vol. 3 No. 6 (2025): Jurnal Sains Student Research (JSSR) Desember
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v3i6.7105

Abstract

This study aims to examine legal protection for workers who have Fixed-Term Employment Agreements (PKWT) facing unilateral termination of employment (PHK), with an emphasis on its implementation in the case of PT Far East Seating Indonesia as stated in Decision Number 2/Pdt.Sus-PHI/2024/PN Smg. This study applies a normative legal approach, examining labor laws and court decisions as sources of positive law. Although labor laws, including Law Number 11 of 2020 concerning Job Creation and Government Regulation Number 35 of 2021, have stipulated the obligation to provide compensation for PKWT workers who are dismissed before their contract expires, existing practices often show violations of these provisions. The findings in the PT Far East Seating case show a discrepancy between the compensation provided and the applicable legal regulations, reflecting a lack of supervision and inconsistency in law enforcement. This study states that protection for contract workers in Indonesia is still normative and has not been fully implemented in the field, thus requiring the strengthening of supervisory tools and dispute resolution mechanisms that are more efficient and prioritize industrial justice.