Legal Act of Force Majeure in Products Buy and Sell Transactions in Indonesia

Abstract

Contract in the trade sector was a means to regulate the exchange of rights and obligations between producers and consumers that were binding on both parties. However, in some cases, such as the COVID-19 pandemic, an incident known as a breach of contract occurred due to delayed delivery of products to consumers. For this reason, the primary goal of this research was to determine the legal limits of force majeure and the consequences of breach of contract during the pandemic to the loss of products due to delays in delivery from produce. This research was normative juridical research. The approach processes were carried out by examining secondary data using primary, secondary, and tertiary legal materials related to particular symptoms in answering the problems studied. This study used the concept of breach of contract, in normal and force majeure. This research showed that the COVID-19 pandemic condition fulfilled the element of force majeure to demand compensation, but producers cannot use force majeure as an excuse to avoid obligations. Thus, the breach of contract of products to consumers was the liability of producers for the losses suffered by consumers. For this reason, during the pandemic era, the reason for the breach of contract due to force majeure did not cancel the contract because it was a relative force majeure. Finally, this research contributed to a legal settlement solution in resolving the force majeure of breach of contract issues from delays in the delivery of products from produces in the future and can be used as a reference for further research as well as the implications and suggestions at the end of this article.