Implications of Covid-19 Pandemic Toward Business Contracts

Anugrah, Dikha and Tendiyanto, Teten and Budiman, Haris (2021) Implications of Covid-19 Pandemic Toward Business Contracts. In: UNiSET 2020, 12 December 2020, Kuningan, West Java, Indonesia.

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The Corona Virus Disease 2019 (Covid-19) pandemic has had a major impact on various business sectors in Indonesia, besides that the Covid-19 pandemic has implications for business contracts made by parties. The purpose of this research are to find and analyze the implications of the Covid-19 pandemic on existing business contracts. The research method used by the author is Juridical Normative, with a means of collecting data through literature study. The results of this study indicate that the occurrence of the Covid-19 pandemic can also be said to be a force majeure, which has implications for business contracts made by parties. The problem that may arise is if the context of the COVID-19 pandemic has not been specifically regulated, especially if it is not included in the callusula contract as a force majeure so that risk responsibility can be shared. If a pandemic is included in the clause as a force majeure, then a force majeure claim can be submitted on a case-by-case basis, and based on the consideration that the matter is filed in good faith and based on proper legal references. In addition, submission of force majeure must also be made with the intention of changing the agreement, not ending it and still having to prioritize deliberative settlement and remain subject to the dispute settlement procedures stipulated in the agreement

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: covid-19 pandemic; implications; business contracts
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: EAI Editor IV
Date Deposited: 09 Mar 2021 15:19
Last Modified: 09 Mar 2021 15:19

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