ANALISA KLAUSULA FORCE MAJEURE PADA PERJANJIAN PEMBORONGAN PEKERJAAN ANTARA PT. SINERGI MEGA KARYA DENGAN PT. NASARI INDONESIA DALAM SITUASI PANDEMI COVID-19

• Main Author: Joel Timothy Milendra, (Author)
• Format: Book
• Published: Doctor of Law, Faculty of Law, Universitas 17 Agustus 1945 Surabaya, 2021-02.
• Subjects: Article; PeerReviewed
• Online Access: Link Metadata

Summary

In the implementation of agreements, the principle of legal certainty often becomes an obstacle if there is a change in fundamental circumstances. In the Civil Code, these changes are terminology as force majeure. The non-natural disaster that is currently hitting the COVID-19 pandemic is one of the scope of force majeure. The spread of the COVID-19 pandemic has had a major impact on the construction or development sector. Basically development is an effort to create prosperity and welfare of the people. In the implementation of development, it begins with an agreement between the parties. The agreement is an agreement for contracting work. However, the COVID-19 pandemic has led to speculation that the work contracting agreement can be canceled on the grounds of force majeure and the contractor can file a defense to be exempted from reimbursement of costs, losses and interest. The results show that the COVID-19 pandemic situation as a non-natural national disaster cannot automatically be used as an excuse for force majeure because it must pay attention to the clauses of the agreement and the contractor needs to prove carefully and carefully. In this research, a case study was carried out on the Contract of Work Agreement between PT. Sinergi Mega Karya and PT. Nasari Indonesia. In the agreement, the COVID-19 pandemic can be used as an excuse for force majeure because it is stated in the agreement clause and the contractor is exempted from reimbursement of fees, losses and interest.

Item Description

http://repository.upnvj.ac.id/10586/1/1710611172_ArtikelKI.pdf