FORCE MAJEURE (OVERMACHT) DALAM HUKUM KONTRAK (PERJANJIAN) INDONESIA
Abstract: Private law in civil law system is generally contains two
major sections: contract law and commercial law. In contract law, parties
imposed upon themselves certain obligations. Notwithstanding that, parties may
at some point lose their ability to meet their obligations due to
overmacht/force majeure. This article examine the legal status force majeure in
Indonesia contract law. Force Majeure is intended to protect one party from
damage arising from non- performance. The existence of which require the
fulfillment of one or two conditions, subjective and objective. The Force
Majeure clause is regulated in the Civil Law Code and encompasses situations
such as fire, flood, earthquake, strom, typhoon (or other natural disaster),
loss of electricity, catalisator damage, sabotage, war, invasion, civil war,
rebellion, revolution, military coup, terrorist activities, blockade, embargo,
labour dispute, strike, and goverment sanctions.
Penulis: Agri Chairunisa
Isradjuningtias
Kode Jurnal: jphukumdd151619
