LEGAL BRIEF
Vol. 11 No. 2 (2022): Law Science and Field

FORCE MAJEURE DURING THE COVID-19 PANDEMIC (A STUDY OF CAUSALITY IN THE PERSPECTIVE OF ENGAGEMENT LAW)

Vani Wirawan (Universitas Jenderal Achmad Yani Yogyakarta)
Ariesta Wibisono Anditya (Universitas Jenderal Achmad Yani Yogyakarta)
Andi Redani Suryanata (Universitas Jenderal Achmad Yani Yogyakarta)
Anisah Karim (Universitas Jenderal Achmad Yani Yogyakarta)



Article Info

Publish Date
01 Apr 2022

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.

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Journal Info

Abbrev

legal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This ...