Comparative Analysis of Legal Policies Regarding Force Major During Covid-19 Pandemic in Indonesia and China

Bakung, Dolot Ahsani; Muhtar, Mohamad Hidayat; Amer, Nabih

doi:10.47268/ballrev.v3i1.721

Cited by 3 publications

(2 citation statements)

References 5 publications

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“…In such situations, the party failing to meet its contractual obligations can submit a claim for termination to the relevant authorities. Parties fulfilling the terms of a contract in good faith have the option to terminate the contract, although they typically refrain from doing so (Bakung et al, 2022). Contracts in a deadlock generally remain in force and often do not benefit either party.…”

Section: Negotiations Signingmentioning

confidence: 99%

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2023

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In the context of rapid changes and a hyperdynamic external environment, the world economy and politics create new challenges and threats that actualise research on the effectiveness of public administration in the context of economic security through the prism of various legal fields. The purpose of the study is to present the author's vision of a methodological approach that will allow visualising the process of public administration in the context of ensuring a high level of economic security and evaluating its effectiveness, considering the legal aspect of the issue. The methodology involves using modern methods that combine and interact to achieve the goal. These include both general theoretical methods and specific ones: IDEF3 and the integral evaluation method. The approach to assessing the level of effectiveness of public administration in the system of ensuring economic security is defined. The importance of political and legal indicators is emphasised. The results of calculating the value of the integral indicator are presented, and the corresponding conclusions are drawn. The author's vision of the modern model of public administration implementation in the system of ensuring economic security with an emphasis on the protection of human rights is presented. All the key Public administration of the economic security system....

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Section: Negotiations Signingmentioning

confidence: 99%

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2023

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“…The deal was terminated due to financial difficulties due to PSBB's policy during the transmission of COVID-19. In the business world, crimes or violations are often justified by law, so the offender can reveal consequences that cannot be avoided [1]. This term is known as a synonym for force majeure or force majeure and is defined as a condition of force majeure.…”

Section: Introductionmentioning

confidence: 99%

The Urgency of Establishing a Legal Entity Issuing Force Majeure Certificates Against Creditor Protection During the Covid-19 Pandemic

Bakung

Muhtar

Bakung

et al. 2022

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The Covid-19 that occurred in recent years has had an impact on public health as well as the economic sector. It has caused the Indonesian economy to experience a slump in the second quarter of 2020 until the real GDP contracted and its value became IDR 2,590 trillion, which previously was IDR 2,735 trillion in the second quarter of 2019. Accordingly, the government announced Presidential Decree No. 12 of April 13, 2020, on the determination of non-natural disasters due to the spread of COVID-19 in 2019, a national disaster, making use of it. The issue is that the economic impact affects creditors in paying their obligations to debtors. The problem is that the emergency status of Covid-19 does not necessarily cause force majeure that has an impact on losses for creditors. Therefore, it is necessary to form a state agency that specifically issues force majeure certificates like in China so that it can be used as a reference that the debtor is proven to have experienced force majeure. This certificate serves the purpose of proof which will ultimately be considered among all relevant factors by the court. Because in Indonesia, the only way to interpret force majeure in court is based solely on the opinion of the judge, and the creditor’s position does not have strong evidence to prove in a state of force majeure. The formulation of the problem in this study is: what about the concept of force majeure for loan protection in Indonesia? How to Establish a Legal Entity Providing Force Majeure in Indonesia Design Certificate? Keywords: force majeure certificates, creditor protection, Covid-19

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Termination of the contract by the breaching party in Civil Code of China

Qi,

Toktobaev,

Zhang

2023

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Civil law and regulations governing civil legal relations are an inportant issue in the legal system of every country in the world. Understanding the authority to end a contract and the possibilities of terminating it, especially by a party that does not fulfil its terms in good faith, is very relevant in the realities of the modern world. This study aims to investigate the fundamental principles and possibilities of contract termination for a party in breach of obligations under the Civil Code of the People’s Republic of China (PRC). To achieve this goal, the author uses systemic and structural, dialectical, historical and formal legal methods, comparative legal methods, analytical and synthetical, and others. The investigation established that the status of a contract is crucial in the modern world, including in the PRC. According to international customs, contracts must be unconditionally fulfilled, but sometimes situations arise that lead to early termination or cancellation of a particular contract, so the results of this study can be a foundation for a more fundamental comprehension of the conditions and possibilities of termination of a contract by the party that has breached it, while minimising losses and risks in the future. The results of this study will be especially relevant for potential partners planning to sign a contract in China, as they will help them understand the specifics of compliance with the contract terms and conditions and help them take legally correct actions in case the contract terms are no longer fulfilled. It is also important to understand how to avoid similar situations when signing civil contracts and what needs to be done to fulfil the contract in full

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Comparative Analysis of Legal Policies Regarding Force Major During Covid-19 Pandemic in Indonesia and China

Cited by 3 publications

References 5 publications

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Untitled

The Urgency of Establishing a Legal Entity Issuing Force Majeure Certificates Against Creditor Protection During the Covid-19 Pandemic

Termination of the contract by the breaching party in Civil Code of China

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