Journal of Indonesian Legal Studies
Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in

Force Majeure During COVID-19 Outbreaks: Case of the Cancellation and Termination of Government Construction Contracts

Muskibah Muskibah (Faculty of Law, Universitas Jambi)
Yetniwati Yetniwati (Faculty of Law, Universitas Jambi)
Sasmiar Sasmiar (Faculty of Law, Universitas Jambi)
Amarru Muftie Holish (Instituto Internacional de Sociología Jurídica de Oñati)



Article Info

Publish Date
31 May 2023

Abstract

Force majeure is a contractual clause commonly found in government construction work contracts, defining the circumstances that qualify as absolute or relative force majeure. This research aims to address two key questions: First, can the force majeure clause be invoked to justify the cancellation and termination of construction work contracts amidst the Covid-19 pandemic? Second, what is the method of accountability for risks associated with construction work contracts in light of the pandemic? Employing normative juridical research methods, this study concludes that the Covid-19 pandemic alone cannot serve as an automatic basis for contract cancellation or nullification under the force majeure clause. The service user, typically the government, may demand the successful completion of the project from the providers. However, the pandemic qualifies as a relative force majeure, shifting the liability for risk during contract implementation to the provider, subject to court decisions. Thus, legal events qualifying as force majeure during the Covid-19 outbreak will be determined by court decisions.

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Journal Info

Abbrev

jils

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

LEGAL scholars have been discussing two important roles of law: social control and social engineering. As a social control, law is designed and introduced to control the behaviours of society members in accordance with particular values and norms agreed upon by the community. In this context, the ...