Proceedings of Bencoolen International
Conference on Law Studies : Rule of Law,
Democracy and Human Rights amidst
Pandemic Era
Bengkulu, 28 October 2021
Faculty of Law
Universitas Bengkulu
2022
Proceedings of Bencoolen International Conference on Law Studies : Rule
of Law, Democracy and Human Rights amidst Pandemic Era
Committee :
Head of Committee
Secretariat
: Ari Wirya Dinata, S.H.,M.H
: Dimas Dwi Arso, S.H.,M.H
Treasurer
: Nurhani Fithriah, S.H.,M.H
Budi Santoso.,S.Sos.,M.Sos
Division of Event
: Sonia Ivana Barus, S.H.,M.H
Division of Public Relation : Arie Elca Putra, S.H.,M.H Division
of Information and : Andrian Setiawan.,S.T.
Technology
Steering Committee :
Dr. Amancik.,S.H.,M.Hum
Dr. Antory Royan.,S.H.,M.Hum
Dr. Edra Satmaidi.,S.H.,M.H
Helda Rahmasari.,S.H.,M.H
Reviewer :
Prof. Herawan Sauni.,S.H.,M.S.
Dr. Antory Royan Adyan.,S.H.,M.Hum
Editor :
Arini Azka Muthia, S.H.,M.H
Nurhani Fithriah, S.H.,M.H
Publisher :
Faculty of Law, Universitas Bengkulu
Editor Office :
Jl. WR. Supratman Kandang Limun Bengkulu 38371
Email :
[email protected]
INTRODUCTION
This book contains the proceedings of Bencoolen International Conference on Law Studies : Rule of
Law, Democracy and Human Rights amidst Pandemic Era which was Held by Graduate School of
Law, Faculty of Law Universitas Bengkulu Virtually, 28th October 2021.
The main objective of this conference is to bring together academics, researchers, practitioners,
students, and other group whose interests are in the issues of Constitutional, Administrative Law &
ii
International; International Economic & business Law; Criminal and Procedure; Adat, Customary &
Islamic Law. In addition to circulate thinking and study findings, this conference is also intended to
strengthen networking and collaboration among participants.
The conference had 5 invited speakers coming from Singapore Prof. Simon Chesterman (The National
University of Singapore) ; Dr. Max Walden (University of Melbourne), Prof Muhammad Ekramul
Haque (University of Dhaka), Prof. Madya. Dr. Zainal Amin bin Ayub (University of Utara Malaysia)
and Indonesia Dr. Chandra Irawan.,S.H,M.H from Faculty of Law Universitas Bengkulu.
There were totally 41 papers selected for oral presentation. On the conference day, the committee
categorized the presenters into 4 chambers based on topics of the papers. After the conference, the
committee still give chances to the authors to revise their papers based on views or ideas they recorded
during discussion before the papers finally published in this book. As the organizer, we would like to
thank all parties involved in BICoLS every contributions and willingness to make this conference run
well and well organized.
Head of Committee
Ari Wirya Dinata, S.H.,M.H
Table of Contents
Cover …………………………………………………...………………………………………
ii
Introduction ...................................................................................................................................................... ii
Table of Contents ........................................................................................................................................... iii
Legal Analysis of the Coronavirus Disease Pandemic (Covid-19), as a Reason Force Majeure
in Contract Implementation
Candra Irawan ............................................................................................................................
1
iii
The Substance of Health Protocol Towards Legal Centainty in The 2020 of Regent and Deputy
Regent Election
Aswika Budhi Arfandy ...............................................................................................................
10
The Dillemma of Using Medical Masks between Health and Environtmental Law
Dinarjati Eka Puspitasari ...........................................................................................................
28
The Role of Religious Court in Realizing Women’s Post-Divorce Right
Galuh Widitya Qomaro ..............................................................................................................
41
“Kule Berete” Besemah Customary Marriege towards Women’s Integrity Rights in Islamic
Law Perspective
Mila Surahmi, Junaidi ................................................................................................................
54
Juridical Perspective on the Construction Electric Steam Power Plant in Teluk Spang Area in
Bengkulu Province
Ahmad Wali .................................................................................................................................
65
Implementation of Concept and Village Regulations as Tourist Village Based on Community
Empowerment in Rindu Hati
Ardilafiza, Edra Satmaidi, Beni Kurnia Ilahi, Benget Hasudungan Simatupang, Annisa
Salsabilla ......................................................................................................................................
81
The Urgency of Rindu Hati Tourism Village Regulation in the Context of Waste Management
to Support the Bengkulu Province Tourism Program
Amancik, Sonia Ivana Barus, Putra Perdana Ahmad Saifulloh, Dimas Heriyadi, Harissa
Febiyola, Apdila Nispa ................................................................................................................
95
Responsibility of Receiving Country for Protection of Diplomatic Representatives According
to The 1961 Vienna Convention and Law of The Republic of Indonesia Number 37 of 1999
Deli Waryenti, Sumihar Raty Primaulina Melati ....................................................................
111
iv
Analysis of Bank Syariah Indonesia Merger in the Revival of Islamic Economy in Indonesia
after the Covid-19 Pandemic
Muhammad Iqbal Baiquni, Vena Lidya Khairunissa, Muhammad Fauzi ...........................
119
Implication of the Presedential Threshold towards the Contitutional Rights of Political Parties and
the Principle of People Soverignty
Rahmat Muhajir Nugroho ......................................................................................................... 135
Impact of The Assimilation Policy on Prisoners and Underage Prisoners for the Prevention and
Control of the Spread of Covid-19
Nuvazria Achir, Nova Syafhira Link Agussalim......................................................................
144
The Urgency of The Formation of Laws on Indigenous Peoples in Indonesia
Nurhani Fithriah, Dimas Dwi Arso, Arini Azka Muthia ........................................................
157
Reconstruction of Supervision of Local Regulations according to Law Number 11 year 2020
concerning Work Creation
Pipi Susanti, Arie Elca Putra, Lana Puji Lestari, P.E Suryaningsing ...................................
164
Public Participation in Rulemaking to Achieve Rational Acceptability towards Indonesian
Government Agency Policies
Rizki Tri Rusmana, M. Yusuf Akbar ........................................................................................
177
Rearrangement the Executive Review Following the Constitutional Court Decision Number
137/PUU-XIII/2015 and 56/PUU XIV/2016
Wulandari, Annisa Salsabila ......................................................................................................
189
Kinship System In Costumary Marriage Of Siwe Morge Community, Kayuagung District, Ogan
Komering Ilir Regency
Yessy Meryantika Sari, Dwi Purnama Sari.............................................................................. 201
Implementation of the Rights for the Domestic Violence Victims in Bengkulu District Court
Jurisdiction
Yagie Sagita Putra, Zico Junius Fernando, Annisa Salsabila................................................. 211
v
Proceedings of Bencoolen International Conference on Law Studies
LEGAL ANALYSIS OF THE CORONAVIRUS DISEASE
PANDEMIC (COVID-19) AS A REASON FOR FORCE MAJEURE
IN CONTRACT IMPLEMENTATION
Candra Irawan
Faculty of Law Bengkulu University
E-mail Correspondence :
[email protected]
ABSTRACT
The Covid-19 pandemic is a national and international disaster that has a negative impact on
business activities. Based on the report of the International Monetary Fund (IMF), the global
economy has fallen to the brink of crisis. The World Health Organization (WHO) has declared
COVID-19 as a Global Pandemic on March 11, 2020, then The Indonesian government issues a
Presidential Decree No. 11 of 2020 concerning the Determination of Corona Virus Disease 2019
Public Health Emergency, Presidential Decree Number 12 of 2020 concerning the Designation of
Non-Natural Disasters Spreading Corona Virus Disease 2019 (Covid-19) as a National Disaster.
This decision becomes an excuse for parties who are unable to carry out the contents of the
contract as force majeure. This research tried to analize the procedure in contract law so that the
Covid-19 pandemic can be used as an excuse for force majeure. This research used the normative
method. The result from this research, good ethics of the parties to find solutions to the difficulty
of carrying out the achievements or not making it possible to carry out the achievements stipulated
in the contract as a result of the COVID-19 pandemic. So it is necessary to discuss it properly and
constructively so that there will be no disputes (disputes) through documented correspondence
and negotiations to find the best solution that can be accepted by the parties.
Keywords: Contract; Force Majeure; Pandemic Covid-19.
1. Introduction
The Covid-19 pandemic is a national and international disaster that has a
negative impact on business activities. Based on the report of the International
Monetary Fund (IMF), the global economy has fallen to the brink of crisis. 95% of
countries in the world are estimated to experience contraction and negative economic
growth. It is estimated to have caused a global economic loss of 12 trillion US dollars
(approximately Rp 168,000 trillion, Rp 14,000).1 Indonesia's economic losses in 2020
due to the Covid-19 pandemic reached IDR 1,356 trillion (equivalent to 8.8% of
1
https://www.wartaekonomi.co.id/read309848/dampak-pandemi-covid-19-terhadap-perekonomianduniahttps://www.wartaekonomi.co.id/read309848/dampak-pandemi-covid-19-terhadapperekonomian-dunia-infografisinfografis, Accesed 14/10/2021.
Candra Irawan | Legal Analysis of the Corona Virus Disease Pandemic (Covid-19)
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Proceedings of Bencoolen International Conference on Law Studies
Indonesia's GDP). This happened because the Covid-19 pandemic reduced population
cessation which had a negative impact on all sectors, including state revenues. 2
The business sector was deeply affected and even lost due to the Covid-19
pandemic, as from the following description: (1) Hotels and tourism. It has caused
more than 2,000 hotels and 8,000 restaurants to close. As a result, the potential for lost
income during January to April 2020 is IDR 70 trillion; (2) Aviation industry. There
was a decrease in the number of users of flight and airport services (up to 45%). The
losses suffered by airlines from four major airports (Jakarta, Bali, Medan, and
Surabaya) reached around USD 812 million; (3) Meetings, Incentives, Conferences,
Exhibitions (MICE). It is estimated that the loss reached Rp 7 trillion. It was recorded
that around 96.43% of events in 17 provinces had to be postponed, and another 84.20%
were cancelled; (4). Bars and restaurants forced to close; (5) Cinemas and concerts;
(6) Sports, various sporting events are canceled or postponed; (7) Malls and retail; (8)
Consumer Electronics; (9) Automotive industry. If Honda and Yamaha stop
production, the potential loss is around Rp. 2 billion for IKM members of APEK
(Association of Engineering Entrepreneurs Karawang).3
The COVID-19 pandemic has hampered the implementation of many business
contracts, which resulted in a default from one party (wanprestasi). 4 In order to avoid
a claim for compensation, the party who is in default submits the Covid-19 pandemic
as the reason that a force majeure situation has occurred.
The Indonesian government considers that the wider coverage area affected by
the COVID-19 disaster, the increasing number of victims and property losses, also has
2
Fika Nurul Ulya, Due to Covid-19, 2020 Economic Losses Reached Rp. 1.356 Trillion,
https://money.kompas.com/read/2021/04/29/143647026/akibat-covid-19-kerugian-ekonomi-tahun2020https://money.kompas.com/read/2021/04/29/143647026/akibat-covid-19-kerugianekonomi-tahun-2020-capai-rp-1356-triliun?page=allcapai-rp-1356-triliun?page=all, Accesed
10/10/2021.
3
https://www.idxchannel.com/infografis/sembilan-sektor-paling-parah-kena-dampak-no2-rugihinggahttps://www.idxchannel.com/infografis/sembilan-sektor-paling-parah-kenadampak-no2-rugi-hingga-usd812-jutausd812-juta, Accesed 14/10/2021.
4
Default is regulated in Article 1343 of the Civil Code (KUHPer), a condition where there is a breach of
contract in the execution of a contract that should be carried out and is the responsibility of the party
concerned. Including default, are: (1) not doing something that was agreed to be carried out; (2) carry out
something that was agreed upon, but it is not carried out as agreed; (3) doing something that was agreed
upon but carried out late; and (4) do something that according to the contractual content is not allowed to
do.
Candra Irawan | Legal Analysis of the Corona Virus Disease Pandemic (Covid-19)
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Proceedings of Bencoolen International Conference on Law Studies
implications for the broad socio-economic aspects of Indonesia. The World Health
Organization (WHO) has declared COVID-19 as a Global Pandemic on March 11,
2020, then The Indonesian government issues a Presidential Decree No.
11 of 2020 concerning the Determination of Corona Virus Disease 2019 Public Health
Emergency, Presidential Decree Number 12 of 2020 concerning the
Designation of Non-Natural Disasters Spreading Corona Virus Disease 2019
(Covid19) as a National Disaster. This decision becomes an excuse for parties who are
unable to carry out the contents of the contract as force majeure. The question in this
paper is what is the procedure in contract law so that the Covid-19 pandemic can be
used as an excuse for force majeure.
2. Analysis and Discussion
Regulations that provide explanations regarding force majeure, found in: (1)
Civil Code (KUHPer) Articles 1244, 1245, 1444 and 1445. Force majeure is a state of
coercion that results in one party being unable to fulfill the required performance
specified in the contract. Then the party concerned is released from claims for
compensation, fees and interest, and/or liability; (2) Law of the Republic of Indonesia
Number 2 of 2017 concerning Construction Services Article 47 paragraph (1) letter j
that a construction contract needs to contain compelling circumstances, events that
arise against the will and ability of the parties that cause harm to one party. In the
elucidation of the article it is explained that coercive circumstances include: (a)
absolute coercive circumstances, namely that the parties may not exercise their rights
and obligations; (b) a state of coercion that is not absolute (relative), namely that it is
still possible for the parties to exercise their rights and obligations. The risks caused
by compelling circumstances can be agreed upon by the parties, including through
insurance institutions.5
5
It is further explained in the Regulation of the Minister of Public Works and Public Housing of the
Republic of Indonesia Number 14 of 2020 concerning Standards and Guidelines for Procurement of
Construction Services through Providers Article 1 Number 47, Regulation of the Government
Goods/Services Procurement Policy Institute Number 12 of 2021 concerning Guidelines for the
Implementation of the Procurement of Goods/Services Government Services Through Providers. Force
Majeure is a condition that occurs outside the will of the parties to the contract that cannot be predicted
beforehand so that the obligations contained in the contract cannot be fulfilled. Including Force Majeure,
among others: a. natural disasters; b. non-natural disasters; c. social disaster; d. strike; e. fire; f. other
industrial disturbances as stated through a joint decision of the Minister of Finance and related technical
ministers.
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Proceedings of Bencoolen International Conference on Law Studies
Contracts that comply with contract law standards must contain a force majeure
clause. The business contract aims to anticipate if one of the parties fails to carry out
the contents of the contract due to a situation beyond the expectations and capabilities
of the parties, which frees the party concerned from claims for compensation from the
other party.6 The problem lies in the aspect of clarity and firmness of the formulated
clauses, it does not cause different interpretations between the contracting parties. The
potential cause for conflict.
The following is an example of the formulation of a force majeure clause: (1)
force majeure in this cooperation agreement are events that are beyond the ability of
the parties that can affect the performance and execution of the work of the parties,
namely: a. Natural disasters (earthquakes, landslides, storms, and floods); b. War,
revolution, treason, riots, rebellion, riots and chaos, fire; and c. State of coercion
declared by the government. Mechanisms that must be carried out that force majeure
has occurred: a. The second party notifies the first party or vice versa that a coercive
situation has occurred; b. The first party declares in writing to the second party or vice
versa that there has been a coercive situation; c. If within 7 (seven) days from the
occurrence of the coercive situation the first party does not make a statement as
referred to in letter b, then the second party has the right to file a coercive situation to
the first party to obtain written approval; d. If within 3 x 24 (three times twenty-four)
hours from the receipt of notification of the second party to the first party regarding
the coercive situation, the first party does not provide an answer, then the first party is
deemed to have agreed to the occurrence of the coercive situation; e. The second party
immediately reports the progress of the work when the situation is urgent, after being
checked by the first party; and f. The payment of the first party to the second party is
calculated after the second party has completed its obligations; 7 (2) Force majeure is a
condition in which a customer is prevented from carrying out his or her performance
due to unexpected circumstances or events at the time it was made, such circumstances
6
Agus Yudha Hernoko, Force Majeur Clause or Hardship Clause-Problematics in Business Contract
Design,
Perspective
Journal,
Volume
XI
Number
3
of
2006
July
Edition,
https://media.neliti.com/media/publications/159380-ID-none.pdf, Accessed 09/09/2021.
7
Cooperation Contract Between PT. Pameterindo Edukatama Aneka with the Geospatial Information
Agency on Atlas Verification and Printed Map Production of PT. Pameterindo Edukatama Aneka,
https://jdihn.go.id/files/217/6874, Accessed 07/10/2021.
Candra Irawan | Legal Analysis of the Corona Virus Disease Pandemic (Covid-19)
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Proceedings of Bencoolen International Conference on Law Studies
or events cannot be accounted for to the customer, while the customer is not in a state
of bad faith. Force majeure circumstances can be used as a reason for the exemption
of compensation due to non-performance of the agreement or contract. In the event of
force majeure, the customer is required to make a written statement or notification
regarding the force majeure situation experienced to the bank. Banks are required to
stipulate attachments of evidence from the police/authorized agency that must be
provided by customers regarding reporting of force majeure events; (3) Any delay of
failure by either party hereto in the performance hereunder shall be excused if and to
the extent caused by occurrences byond the parties control including but not limited to
acts of God, stikes or & labor disturbances, war, sabotage, unavailability of materials
or equipment and any other causes of a like nature which cannot be controlled by either
party.8
The formulation of the force majeure clause is clear and regulated in accordance
with applicable regulatory standards. The difference lies in the detailed explanation
that mentions the type and form of force majeure. A part from these differences, as
long as it can be proven clearly, the party who is unable to carry out the performance
in accordance with the contents of the contract can be released from the demands for
the implementation of the performance and compensation by following the procedures
stipulated in the contract. A person must be able to prove that the event that occurred
was not due to his fault, must meet unexpected elements, cannot be prevented by the
party who has to fulfill obligations or carry out the agreement, and beyond the fault of
that party (Supreme Court Decision Number 409K/Sip/1983 dated 25 October 1984). 9
The Supreme Court of the Republic of Indonesia (MARI) stated that the elements of
force majeure include: a. unexpected events; b. cannot be accounted for to the debtor;
c. there is no bad faith from the debtor; d. the existence of unintended circumstances
by the debtor; e. the situation prevents outstanding debtors; f. if the achievement is
carried out it will be subject to a ban; g. circumstances beyond the fault of the debtor;
8
Raihana, The Role of Foreign Joint Ventures in Technology Transfer, Thesis, Faculty of Law, Islamic
University of Indonesia, https://dspace.uii.ac.id/bitstream/handle/123456789/9231/RTB%20301.pdf?
sequence=1&isAllowed=y, Accessed 15/10/2021.
9
Rahmat S.S. Soemadipradja, Legal Explanation Regarding Coercive Circumstances (Terms of
cancellation of the agreement due to force majeure),
https://putusan3.mahkamahagung.go.id/restatement/download_file/11e9b3876b28a24ea39331383336323
1/pdf/11e9b3876b28a09683cd313833363231.html, Diakses 07/10/2021.
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h. the debtor does not fail to perform (deliver goods); i. the incident cannot be avoided
by anyone (both debtors and other parties); j. the debtor is not proven guilty or
negligent.10
The problem that occurs is if the force majeure clause formulated in the contract
does not provide space for the COVID-19 pandemic as a type of force majeure or the
clause formulation is too general so that it can lead to different interpretations from the
parties. One party considers COVID-19 pandemic as a reason for force majeure but
the other does not accept it as a reason for force majeure to occur.
In the event that the clause is clearly formulated, such as with the formulation
force majeure in this cooperation agreement are events that are beyond the ability of
the parties that can affect the performance and execution of the work of the parties,
namely: a….b….c. forced circumstances declared by the government, the COVID-19
pandemic can legally be used as an excuse as force majeure. 11 The legal basis is: (1)
Presidential Decree No. 11 of 2020 concerning the Determination of Public Health
Emergency of Corona Virus Disease 2019, and (2) Presidential Decree Number 12 of
2020 concerning the Designation of Non-Natural Disasters for the Spread of Corona
Virus Disease 2019 (Covid-19) as a National Disaster.
The force majeure situation can be declared by only one party, but still follows
the procedure that has been formulated in the contract clause. Starting from a written
notification from one of the parties stating that force majeure has occurred to the other
party. The other party will give a response, in the form of acceptance or rejection.
There is room for negotiation to reach an agreement that COVID-19 pandemic is
included in the force majeure category, is absolute or relative,12 or the parties are in a
stalemate resulting in a dispute (dispute).
10
ibid
Product Development and Education Division of the Sharia Banking Department of the Financial
Services
Authority,
Murabahah
Sharia
Banking
Product
Standards,
https://www.ojk.go.id/id/kanal/syariah/berita-dan-kegiatan/publikasi/Documents/Pages/BukuStandarhttps://www.ojk.go.id/id/kanal/syariah/berita-dan11
kegiatan/publikasi/Documents/Pages/Buku-Standar-Produk-Perbankan-SyariahMurabahah/Buku Standar Produk Murabahah.pdfProduk-Perbankan-SyariahMurabahah/Buku%20Standar%20Produk%20Murabahah.pdf, Accessed 15/10/2021.
12
Based on the KUHPer several factors that affect force majeure there are three elements that must be met
for a state of coercion, namely: a. Not meeting achievements; b. There are reasons that lie beyond the
debtor's fault: c. The causative factors cannot be predicted beforehand and cannot be accounted for by the
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Proceedings of Bencoolen International Conference on Law Studies
Referring to the Criminal Code, Law of the Republic of Indonesia Number 2 of
2017 concerning Construction Services, Decision of the Supreme Court Number
409K/Sip/1983 dated October 25, 1984, the procedure that should be carried out to
make the COVID-19 pandemic the reason for the occurrence of force majeure and
efforts to minimize the emergence of disputes (disputes) between the parties, namely:
(1) Ensuring that there is no bad ethics from either party or the parties based on the
legal relationship that has existed since the signing of the contract, implementation of
the contract until the occurrence of the COVID-19 pandemic which is used as the
reason for force majeure ; (2) The party who argues that a force majeure has occurred
shall notify the other party in writing which is well documented and the other party is
given a certain time to provide the answer (for example, within 3 working days, 7
working days to 14 working days) from the receipt of the force majeure notification;
(3) If within the time specified in accordance with the agreement (for example, within
3 working days, 7 working days to 14 working days) from the receipt of the notification
of the force majeure, the other party does not provide a written answer, then the party
concerned is declared to have agreed. that a force majeure has occurred.
In the event that Covid-19 pandemic is accepted as the reason for force majeure,
the legal implications of the contract that have been made for the parties are: (1) If the
force majeure makes it impossible for one of the parties to carry out their performance
at all (absolute force majeure), then the contract declared terminated terminated
(discontinued); (2) If the force majeure causes one of the parties to be able to carry out
their performance (relative force majeure), then the contract is suspended (delayed
performance) and the fulfillment of the performance can be carried out after the
relative force majeure is declared to have ended; (3) If the force majeure causes one
party to suffer a loss, the other party is exempted from the claim for compensation
debtor. If a force majeure occurs and meets elements a and c, then this force majeure/overmacht is called
absolute overmacht or objective coercive circumstances. The basis is the impossibility of fulfilling
achievements because the object is lost / destroyed. If there is a force majeure that satisfies elements b and
c, this situation is called relative or subjective coercion. The basis is the difficulty of fulfilling achievements
because there are events that prevent the debtor from taking action. The coercive situation that hinders the
fulfillment of achievements must be about the achievement itself, because we cannot say there is a coercive
situation if the situation occurs later, Daryl John Rasuh, Legal Studies of Force Majeure According to
Article
1244
and
Article
1245
of
the
Civil
Code,
https://ejournal.unsrat.ac.id/index.php/lexprivatum/article/view/11366/10955, Accessed 11/10/2021.
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Proceedings of Bencoolen International Conference on Law Studies
because there was no mistake on the part of the party who was supposed to carry out
the performance.13
3. Conclusion
The good ethics of the parties to find solutions to the difficulty of carrying out the
achievements or not making it possible to carry out the achievements stipulated in the
contract as a result of the COVID-19 pandemic. So it is necessary to discuss it properly
and constructively so that there will be no disputes (disputes) through documented
correspondence and negotiations to find the best solution that can be accepted by the
parties. The author believes that the COVID-19 pandemic can be the reason that there has
been a force majeure that has a negative impact on the Indonesian economy and hampers
business activities. Confirmed by the policy of the Government of Indonesia through
Presidential Decree No. 11 of 2020 concerning the Determination of Corona Virus
Disease 2019 Public Health Emergency, and Presidential Decree Number 12 of 2020
concerning the Designation of Non-Natural Disasters for the Spread of Corona Virus
Disease 2019 (Covid-19) as National Disasters.
References
Agus Yudha Hernoko. (2006). Force Majeur Clause or Hardship Clause-Problematics
in Business Contract Design, Perspective Journal, Volume XI Number 3 of 2006
July Edition, https://media.neliti.com/media/publications/159380-ID-none.pdf.
Cooperation Contract Between PT. Pameterindo Edukatama Aneka with the Geospatial
Information Agency on Atlas Verification and Printed Map Production of PT.
Pameterindo Edukatama Aneka, https://jdihn.go.id/files/217/6874.
Daryl John Rasuh, Legal Studies of Force Majeure According to Article 1244 and Article
1245
of
the
Civil
Code,
https://ejournal.unsrat.ac.id/index.php/lexprivatum/article/view/11366/10955.
Fika Nurul Ulya, Due to Covid-19, 2020 Economic Losses Reached Rp. 1.356 Trillion,
https://money.kompas.com/read/2021/04/29/143647026/akibat-covid19https://money.kompas.com/read/2021/04/29/143647026/akibat-covid-19kerugian-ekonomi-tahun-2020-capai-rp-1356-triliun?page=allkerugian-ekonomitahun-2020-capai-rp-1356-triliun?page=all.
13
Peni Jati Setyowati, Legal Consequences of the Covid-19 Pandemic as a Medical Non-Natural Disaster
in Establishing Force Majeure in Indonesia, Kosmik Law Vol. 21 No. 1 2021),
http://jurnalnasional.ump.ac.id/index.php/KOSMIK/article/view/9407/3982, Diakses 15/10/2021.
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Candra Irawan | Legal Analysis of the Corona Virus Disease Pandemic (Covid-19)
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