Implikasi asas pacta sunt servanda pada keadaan memaksa (force majeure) dalam hukum perjanjian indonesia

Khoiril Jamil, Nury and Rumawi, Rumawi (2020) Implikasi asas pacta sunt servanda pada keadaan memaksa (force majeure) dalam hukum perjanjian indonesia. Kertha Semaya, 8 (7). pp. 1044-1054. ISSN 2303-0569

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Abstract

The legal agreement of legal system in Indonesia, which is approved on the application of the principle of pacta sunt servanda in force majeure, it is accordance with the exception toward one of the parties to improve performance, thus giving rise to new legal results. This paper explores among others: the principle of pacta sunt servanda in Indonesian Contract Law, the provisions of force majeure in Indonesian Contract Law, and the implications of the principle of pacta sunt servanda on force majeure in Indonesian Contract Law. The research method is normative juridical, by asking for legislation, and asking for concepts that ask for legal doctrines. Primary legal material is legal material that functions authoritatively; which discusses legal facts and eliminates matters that are irrelevant to resolve legal issues that need to be resolved, discusses legal materials that are relevant if relevant, then non-legal materials are included, a review of legal issues related to collected legal materials is interesting conclusions in the form of legal arguments that address legal issues, and provide prescriptions. The results shows that contract law is part of civil law, which focuses on obligations or achievements in self-imposed obligations. The purpose in freedom of contract and freedom of choice from the contract itself. Force majeure is a debtor that cannot be resolved or failed because there are no errors. The conditions that cause force majeure and can be restored or canceled the principle of pacta sunt servanda.

Item Type: Journal Article
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180105 Commercial and Contract Law
Divisions: Fakultas Syariah > Hukum Ekonomi Islam
Depositing User: Rumawi Rumawi
Date Deposited: 09 Jul 2020 06:53
Last Modified: 09 Jul 2020 06:53
URI: http://digilib.iain-jember.ac.id/id/eprint/688

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