Batulis Civil Law Review
Vol 3, No 1 (2022): VOLUME 3 NOMOR 1, MEI 2022

Comparative Analysis of Legal Policies Regarding Force Major During Covid-19 Pandemic in Indonesia and China

Dolot Al Hasni Bakung (Faculty of Law Negeri Gorontalo University, Gorontalo)
Mohamad Hidayat Muhtar (Faculty of Law Negeri Gorontalo University, Gorontalo)
Nabih Amer (Faculty of Law Negeri Gorontalo University, Gorontalo)



Article Info

Publish Date
16 May 2022

Abstract

Covid-19 as a pandemic in the 20th century has brought consequences in many aspects, one of which is the force major aspect. The force majeure policy in Indonesia is still incomplete, unlike China, which already has a more complete policy. The purpose of the research is to be able to find out about the Covid-19 policy in Indonesia and to compare the Indonesian and Chinese force major policy settings. The research method uses a normative research type with a statutory approach. The results of the study show that Indonesia's policy in dealing with covid 19 has problems in two policies, namely: the provision of information and the Lockdown policy. Meanwhile, the comparison problem with China is better by providing a mechanism with more legal certainty, namely providing access to the determination of force major against the Supreme Court, while Indonesia does not have a similar mechanism.

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Journal Info

Abbrev

ballrev

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Batulis Civil Law Review (Batulis Civ. Law Rev. -BALLREV) is a peer-reviewed journal published by the Faculty of Law at Pattimura University twice a year in May, and November. The purpose of this journal is to provide a place for academics, researchers and practitioners to publish original research ...