CONTRACT RENEGOTIATION DUE TO THE COVID-19 PANDEMIC FROM THE HARDSHIP PERSPECTIVE

Authors

DOI:

https://doi.org/10.33331/ilj.v15i1.86

Keywords:

Covid-19 Pandemic, Contract, Renegotiation, Hardship, Force Majeure

Abstract

The Covid-19 pandemic is something that cannot be predicted beforehand when the agreement is in progress and the fact that the existence of the COVID-19 pandemic affects the implementation and fulfillment of obligations in the agreement. Force majeure and hardship are based on different ratios. The hardship clause is needed, for the reasons: it can be used as a basis for overcoming in case of problems or failure to contract (frustration), especially long-term contracts with a very high value. Specification this research is included in the category of legal research which is a descriptive specification analytical, which is a
study that seeks to describe legal problems, the legal system, and review it or analyze it according to the needs of the research. The purpose of this study is to find the position of the possibility of using the principle of hardship in the contract law system in Indonesia.

Author Biographies

  • Pardomuan Gultom, Universitas Nasional (UNAS) Jakarta

    Pardomuan Gultom, born in Medan, North Sumatra, on October 22, 1982, completed his undergraduate education from the Department of Political Science, University of North Sumatra (USU), in 2006. Currently the author is studying Master Of Law at the National University (UNAS), Jakarta. Scholarly publications can be viewed at the Google Scholar address: plogMa8AAAAJ or Orcid ID: 0000-0002-1033-0738. The author is domiciled in Jl. Garuda VII No. 49 Village Kenangan, District Percut Sei Tuan, Deli Serdang, North Sumatra 20226, HP: 08126586360, email: pardo.gultom@gmail.com

  • Rumainur, Universitas Nasional (UNAS), Jakarta

    Rumainur, born in Agam, West Sumatra, on May 11, 1968. Obtained a bachelor of law education from Andalas University (Unand), Padang, West Sumatra, in 1993, a master of law was also obtained from Unand in 2006, and a doctoral degree was obtained from National University of Malaysia in 2012. Currently serving as Chair of the Master of Law Study Program at the National University (UNAS), Jakarta. The author can be contacted by telephone: 081276967074 and e-mail address: rumainur@civitas.unas.ac.id.

References

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Published

2022-12-09

Issue

Vol. 15 No. 1 (2022): Indonesian Law Journal Volume 15 No. 1, 2022

Section

Articles