Force Majeur as a reason for default in the authentic deed during the covid 19 period

Albert Lodewyk Sentosa Siahaan

Abstract


Authentic Deed is an agreement that contains rights and obligations between the parties in the agreement where the agreement has perfect legal force and can be used as perfect evidence in court. During the Covid 19 pandemic, many people or business entities that made agreements in authentic deeds found it difficult to fulfill their obligations and were even unable to continue their obligations to other parties in authentic deeds. This raises the issue of default in the authentic deed caused by the Covid 19 epidemic. This study uses normative juridical analysis with qualitative data to answer questions to what extent Covid 19 is used as a reason for force majeure on the issue of default on authentic deeds. The results of this study found that the Covid 19 epidemic turned out to have a tremendous impact on the business and economy of the community and the country which had implications for not fulfilling agreements in authentic deeds. Force Majeure is a reason for protection for parties who are unable to perform but not absolutely because in some conditions the Covid pandemic cannot be used as an excuse for force majeure. The conclusion in this study needs clear proof whether the legal event in the business is an event that is really affected by the Covid 19 pandemic or not which is only used as an excuse to be released from civil cases due to default.

Keywords


Force Majeure, Wanprestasi, Agreement Authentic, Pendemi Covid 19

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References


KAJIAN HUKUM KEADAAN MEMAKSA (FORCE MAJEURE) MENURUT PASAL 1244 DAN PASAL 1245 KITAB UNDANG-UNDANG HUKUM

Pasal 1244 KUH Perdata.

Pasal 1245 KUH Perdata.

Sufiarina, & Wahyuni, S. (2020). Force majeure dan notoir feiten atas kebijakan PSBB COVID-19. Jurnal Hukum Sasana.

Subekti, Pokok Pokok Hukum Perdata, hal 154

Bismar Nasution, www.bismarnasution.com , bencana nasional covid 19 (bukan) keadaan memaksa


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