Research Article
Implications of Covid-19 Pandemic Toward Business Contracts
@INPROCEEDINGS{10.4108/eai.12-12-2020.2305010, author={Dikha Anugrah and Teten Tendiyanto and Haris Budiman}, title={Implications of Covid-19 Pandemic Toward Business Contracts}, proceedings={Proceedings of the 1st Universitas Kuningan International Conference on Social Science, Environment and Technology, UNiSET 2020, 12 December 2020, Kuningan, West Java, Indonesia}, publisher={EAI}, proceedings_a={UNISET}, year={2021}, month={3}, keywords={covid-19 pandemic; implications; business contracts}, doi={10.4108/eai.12-12-2020.2305010} }- Dikha Anugrah
Teten Tendiyanto
Haris Budiman
Year: 2021
Implications of Covid-19 Pandemic Toward Business Contracts
UNISET
EAI
DOI: 10.4108/eai.12-12-2020.2305010
Abstract
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