International Journal of Law and Society
Vol 1 No 3 (2022): International Journal of Law and Society (IJLS)

Implications of the Covid-19 Pandemi as Forcing Circumstances (Overmacht) in Credit Agreements

Haadi Arrosyiid (Universitas Muhammadiyah Ponorogo, Indonesia)
Ferry Irawan Febriansyah (Universitas Muhammadiyah Ponorogo, Indonesia)



Article Info

Publish Date
14 Dec 2022

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.

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Journal Info

Abbrev

IJLS

Publisher

Subject

Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

International Journal of Law and Society (IJLS) focuses on law and social studies theory and practice. It publishes articles by Indonesian and foreign authors dealing with current national and international law, legal philosophy, legal history and other law-related social science disciplines. It ...