Covid-19 Pandemic Force Majeure (Overmacth) in Agreements as a Form of Legal Guarantee

Abstract

The Covid-19 pandemic is a national disaster and has even become a non-natural international disaster that almost all countries have experienced. The Covid-19 pandemic is used as a force majeure reason for the cancellation of an agreement or forced circumstances. Related to this research is a normative juridical research based on several norms and applicable laws. The method used is a conceptual approach in legal research that provides an analytical perspective on problem solving by looking at the background of legal concepts and looking at the values contained in the applicable norms. Legal certainty is needed regarding these problems as the form of legal certainty is a strong basis for legal guidelines for the community. The Covid-19 pandemic can be used as a force majeure reason for the cancellation of an agreement, referring to Article 1245 of the Civil Code which states that the debtor does not need to reimburse costs, losses, and interest, because the achievements in the agreement are not fulfilled due to compelling circumstances. Regarding this matter, legal certainty for people affected by this regulation, basically the cancellation of the agreement due to force majeure or coercive circumstances refers to the existing statutory regulations.