Lex Scientia Law Review
Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era

Legal Consequences of Presidential Decree Number 12 of 2020 on the Implementation of Private Contracts

Cendhani, Cindy (Unknown)
Elvi Kusuma Putri, Dita (Unknown)
Tambunan, Ezra (Unknown)



Article Info

Publish Date
01 Dec 2020

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.

Copyrights © 2020






Journal Info

Abbrev

lslr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Scientia Law Review (LeSRev) is a peer reviewed journal organized by Undergraduate Law Student, Faculty of Law, Universitas Negeri Semarang (UNNES), Indonesia. The Journal published biannual every May and November. LeSRev is intended to be a scientific and research journal for all undergraduate ...