Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Due to the Overmacht Law in Goods and Services Procurement Contracts during the 2019 Corona Virus Disease Pandemic

Author(s): Hendrik Salmon, Rory Jeff Akyuwen, Merry Tjoanda

The Covid-19 pandemic has had a wide-ranging impact on the implementation of the procurement of goods and services throughout Indonesia. The performance of the procurement of Government goods and services by the debtor cannot be carried out in accordance with the contract agreement. Presidential Decree No. 12 of 2020 which states the Covid-19 pandemic as a non-natural national disaster becomes the legal basis and solution. Testing the overmacht criteria in the Covid-19 pandemic, the Covid-19 pandemic has met the criteria as an iovermacht. Negotiations are needed between debtors and creditors, as well as continuing to base on Article 1244, Article 1245, Article 1444 and Article 1445 of the Civil Code of the Republic of Indonesia in resolving the failure to implement the procurement of goods and services during the Covid-19 pandemic.

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