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All Journal LEGAL BRIEF
Andi Redani Suryanata
Universitas Jenderal Achmad Yani Yogyakarta
Law, Crime, Criminology & Criminal Justice

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FORCE MAJEURE DURING THE COVID-19 PANDEMIC (A STUDY OF CAUSALITY IN THE PERSPECTIVE OF ENGAGEMENT LAW) Vani Wirawan; Ariesta Wibisono Anditya; Andi Redani Suryanata; Anisah Karim
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Corona Virus Disease 2019 (COVID-19) has been declared by President Joko Widodo to be a National Disaster with Presidential Decree No. 12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (COVID-19) as a National Disaster, where this is the reason for delays or cancellations. In a contract related to force majeure. This study aims to analyze whether the Covid-19 pandemic cannot be said to be a force majeure that can cancel an engagement. This research contains a diagnostic form with a sociolegal or socio-legal research approach. The result of the discussion is that the Covid-19 pandemic, which has been designated as a national disaster by the Government, does not necessarily become the basis for changing or even canceling an engagement because the event is casuistic, which requires a comprehensive study and approach as well as evidence regarding the impact of the Covid-19 pandemic. This results in the parties being hindered in carrying out or fulfilling their achievements. Then, the Covid-19 pandemic, which is said to be force majeure, can only be used as the basis for a relative force majeure reason because the situation or event is only temporary, meaning that the Covid-19 pandemic as force majeure can only delay the implementation of achievements without canceling the engagement.
Co-Authors Anditya, Ariesta Wibisono Anisah Karim Wirawan, Vani