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Proceedings Legal Analysis Corona Virus Desease.....

2022

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.

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) 1 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) 2 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. Candra Irawan | Legal Analysis of the Corona Virus Disease Pandemic (Covid-19) 3 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) 4 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. Candra Irawan | Legal Analysis of the Corona Virus Disease Pandemic (Covid-19) 5 Proceedings of Bencoolen International Conference on Law Studies 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 Candra Irawan | Legal Analysis of the Corona Virus Disease Pandemic (Covid-19) 6 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. Candra Irawan | Legal Analysis of the Corona Virus Disease Pandemic (Covid-19) 7 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. Candra Irawan | Legal Analysis of the Corona Virus Disease Pandemic (Covid-19) 8 Proceedings of Bencoolen International Conference on Law Studies https://www.idxchannel.com/infografis/sembilan-sektor-paling-parah-kenadampakhttps://www.idxchannel.com/infografis/sembilan-sektor-paling-parahkena-dampak-no2-rugi-hingga-usd812-jutano2-rugi-hingga-usd812-juta. https://www.wartaekonomi.co.id/read309848/dampak-pandemi-covid-19terhadaphttps://www.wartaekonomi.co.id/read309848/dampak-pandemi-covid-19terhadap-perekonomian-dunia-infografisperekonomian-dunia-infografis. Peni Jati Setyowati. (2021). 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 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/beritadanhttps://www.ojk.go.id/id/kanal/syariah/berita-dankegiatan/publikasi/Documents/Pages/Buku-Standar-Produk-Perbankan-SyariahMurabahah/Buku Standar Produk Murabahah.pdfkegiatan/publikasi/Documents/Pages/Buku-Standar-ProdukPerbankan-Syariahhttps://www.ojk.go.id/id/kanal/syariah/berita-dankegiatan/publikasi/Documents/Pages/Buku-Standar-Produk-Perbankan-SyariahMurabahah/Buku Standar Produk Murabahah.pdfMurabahah/Buku%20Standar%20Produk%20Murabahah.pdf. 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/11e9b3876b28 a24ea393313833363231/pdf/11e9b3876b28a09683cd313833363231.html. 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. Candra Irawan | Legal Analysis of the Corona Virus Disease Pandemic (Covid-19) 9