Refleksi Hukum: Jurnal Ilmu Hukum
Vol 5 No 1 (2020): Refleksi Hukum: Jurnal Ilmu Hukum

IMPLIKASI KEPPRES NO.12 TAHUN 2020 PADA PERUSAHAAN PEMBIAYAAN

Marhaeni Ria Siombo (Universitas Katolik Atma Jaya Jakarta)
Emmanuel Ariananto Waluyo Adi (Sekretariat Kabinet RI)



Article Info

Publish Date
30 Oct 2020

Abstract

The agreement contains the rights and obligations of the parties in carrying out their respective achievements, if they do not make an achievement then it is considered to have committed default. But there is an excuse as regulated in article 1245 of the Civil Code. The Covid-19 outbreak is designated as a non-natural national disaster (Presidential Decree No.12 of 2020), has a very broad impact including the scope of financing companies which resulted in many debtors experiencing defaults. Presidential Decree No.12 of 2020 is very relevant to article 1244 and article 1245 of the Civil Code. Therefore it is not a category of default. However, good faith (Article 1338 paragraph 3) and the principle of appropriateness (Article 1339) of the Civil Code must underlie the application of Article 1245. The impact of the stipulation of Presidential Decree No. 12 of 2020 is that debtors who failed to pay should receive relaxation, payment relief by exempting from interest payment, as stated in Article 1245 of the Civil Code.

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Journal Info

Abbrev

refleksihukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

REFLEKSI HUKUM is a peer-review scholarly Law Journal issued by Faculty of Law Satya Wacana Christian University which is purported to be an instrument in disseminating ideas or thoughts generated through academic activities in the development of legal science (jurisprudence). REFLEKSI HUKUM accepts ...