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All Journal International Journal of Law and Society
Haadi Arrosyiid
Universitas Muhammadiyah Ponorogo, Indonesia
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : International Journal of Law and Society

 1 
Implications of the Covid-19 Pandemi as Forcing Circumstances (Overmacht) in Credit Agreements Haadi Arrosyiid; Ferry Irawan Febriansyah
International Journal of Law and Society Vol 1 No 3 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i3.25

Abstract

This study discusses whether the Covid-19 pandemic can be classified as a force majeure (overmatch) in a credit agreement. This study uses a normative juridical method by conducting a literature study on legal materials obtained from laws, literature, and other books related to this writing. From the results of the research that has been done, the policies implemented during the Covid-19 pandemic could have gone better. This is marked by the continued decline in the community's economy, so the achievements in the agreements still need to be fulfilled. Many parties, one of which is a debtor in a credit agreement, have failed to pay by using force majeure (overmatch) to avoid responsibility for compensation. The Covid-19 pandemic can indeed be classified as a force majeure (overmacht) as long as the debtor can prove the reasons he stated to the creditor in several ways, namely 1) An unexpected event occurred, 2) An event that occurred beyond his control/fault, and 3) some events prevent the debtor from fulfilling his achievements.
Criminal Acts of Murder Committed in Forced Circumstances (Overmacht) Haadi Arrosyiid; Ferry Irawan Febriansyah
International Journal of Law and Society Vol 2 No 1 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i1.29

Abstract

The main objective of this research is to find out what is Forced Circumstances (Overmacht) and why Forced Circumstances (Overmacht) can free perpetrators from criminal responsibility. Departing from here, in conducting research, the author uses normative research methods with a statutory approach (Statue Approach), namely legal research that focuses on examining documents, namely implementing various secondary data such as legal references, statutory regulations, court decisions, and legal theory, and can also be in the form of opinions expressed by legal scholars in processing research. The results of research conducted by the author show that First, Overmacht occurs because the killer does it by first attacking, making his soul vibrate, then defending himself so as not to become a real victim. This was done in self-defence because he had a choice, either he died, or his opponent died. Second, the criminal act of murder under force majeure (overmacht) cannot be held criminally responsible for the perpetrator because, from the start, it is known that it was an act of self-defence (overmacht), and then the investigation must be stopped. If the trial stage continues, the Judge must use his conscience in determining the Judge, and there must be substantial evidence, such as CCTV footage or eyewitnesses from the incident. It can also be based on the actual situation. Criminal liability itself is for a crime, and its purpose is to determine whether a suspect or defendant should be held accountable for a crime that has occurred.
Co-Authors Ferry Irawan Febriansyah