LEGAL ANALYSIS OF THE CORONAVIRUS DISEASE PANDEMIC (COVID-19) AS A REASON FOR FORCE MAJEURE IN CONTRACT IMPLEMENTATION

Irawan, Candra (2021) LEGAL ANALYSIS OF THE CORONAVIRUS DISEASE PANDEMIC (COVID-19) AS A REASON FOR FORCE MAJEURE IN CONTRACT IMPLEMENTATION. In: Proceedings of Bencoolen International Conference on Law Studies, 28 October 2021, Bengkulu.

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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.

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