Jurnal Selat
Vol. 8 No. 1 (2020): Jurnal Selat

Analisis Pembebasan Pemenuhan Prestasi Akibat Adanya Overmacht Karena Corona Virus Disease 2019 (Covid-19) Di Indonesia

Rachma Ayu Kusuma Dewi (Fakultas Hukum Universitas Airlangga)
Amelia Bellatrix Pantjo'u (Fakultas Hukum Universitas Airlangga)
Widya Dika Chandra (Fakultas Hukum Universitas Airlangga)
Sa'baniah Sa'baniah (Fakultas Hukum Universitas Airlangga)



Article Info

Publish Date
30 Oct 2020

Abstract

Corona Virus Disease 2019 or commonly referred to as Covid-19 is a disease that attacks almost the entire world, including Indonesia. Covid-19 has caused many social and economic impacts, one of which is related to the fulfillment of achievements arising from a contract. Of course, Covid-19 is an unexpected event, which hinders the fulfillment of the achievements in the contract. This then makes the parties who cannot fulfill the achievement postulate Covid-19 as a force majeure to be free from the fulfillment of these achievements. Based on this background, this study aims to find out 1) Whether Covid-19 can be used as an excuse for force majeure, and 2) What are the consequences of Covid-19's law as an force majeure? This research is a legal study using a statutory approach and a conceptual approach. Based on this research, it was found that Covid 19 is a force majeure because it meets the requirements of an event that can be said to be an overmacht and is affirmatively verified in several laws and regulations, such as Law 24/2007, Perpu 1/2020, and KEPKABNPB 13.A / 2020 . The legal consequences arising from Covid-19 is force majeure are 1) creditors cannot request fulfillment of achievements, 2) debtors cannot be declared negligent, so there is no need to pay compensation, and 3) creditors cannot ask for termination agreement.

Copyrights © 2020






Journal Info

Abbrev

selat

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Selat is Scientific Journal Published Periodically by Law Studies Program, Faculty of Social and Political Science Universitas Maritim Raja Ali Haji. Jurnal Selat is Biannual, Published Twice a Year, which is in May and October. Jurnal Selat was first published in 2013 with the aim for the ...