Art Original

Analisis Asas Itikad Baik terhadap Kondisi Force Majeure Diluar Bencana Alam dalam Perjanjian Kerjasama Investasi

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The agreement should begin with the good faith of the parties, so that what is agreed upon can be carried out in accordance with the obligations of the parties' achievements to other parties, performance is the debt of one party to another. Force majeure is a situation that occurs after the agreement is made, which prevents the debtor from fulfilling his achievements. During the implementation of the agreement during the Covid-19 pandemic between Creditors (Sumarkoni) and Debtors (Syahril, and Djafrizal) in the Investment Cooperation Agreement for equity participation in the construction of a light steel manufacturing industry business in Pekanbaru City and between debtors (PT.TUAH PELALAWAN) and creditors ( Yusrizal) in the working capital participation agreement was not carried out as it should, where during the Covid- 19 Pandemic the creditors were unable to carry out their achievements on the grounds of force majeure, the debtors by declaring non-natural disaster conditions determined by the government were automatically attached to the debtors and the debtors should be declared under conditions of force majeure. In non-natural disaster conditions in the implementation of the agreement and/or agreement, is it true that it is automatically attached to the debtor who is obliged to carry out the achievement or does it need further legal action against the force majeure condition so that it has binding legal force, and debtors often interpret the condition as non-natural disasters are conditions that justify debtors not carrying out their achievements 'and/or obligations. In other words, debtors interpret themselves in force majeure conditions unilaterally, is ii true that debtors can interpret natural disaster conditions unilaterally and/or does it need to be stated interpret al ion based on a stipulation that has binding legal force. The research conducted by the author relies on theories of force majeure. good faith, and legal certainty, using normative legal research me/hods, namely descriptive analytical literature research, which is based on existing conditions according to the data obtained in the research, linked and compared with existing theories according to the theme of the dissertation. In fact, in force majeure conditions due to non-natural disasters. further efforts need to be made hy submitting an application to the general court so that it has binding legal force that it is true that it is affected by no11-11a111ral disasters and is stated in force majeure conditions, and against unilateral interpretations by debtors only in force majeure conditions. majeure is not something that is binding and has legal force, because the interpretation that has legal force and can be legally accounted for is the judge's interpretation through the debtor's application that ii is true in.force majeure conditions.

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Detail Information

Call Number

Hukum 382.9 Don a

Language

Indonesia

NPM

191031006

Publisher

Ilmu Hukum : Universitas Islam Riau., 2024

Keyword(s)

Agreement
Force Majeure
Good Faith

Other Information

Petugas

Uthi Kurnia

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