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  • Force Majeure

    Hi all,
    I am hoping someone can help kake Force Majeure clearer as it stands in Indonesia. The school I worked for did remote learning for seven weeks befor bring forward the term end by three week.This meant that I lost out on 3 weeks salary. In addition they also stopped paying my housing citing Force Majeure. From my understanding Force Majeure is when one of the parties involved cannot fulfil its obligations and obtain its rights set out in the agreement. However it is clear that both parties had fulfilled their obligation for the previous 7 weeks.
    In addition, the terms of the contract were decided at the start of the academic year. Can my school legally shorten the academic year and effectively change the initial agreemet?
    Any insights would be greatly appreciated.

  • #2
    I don't know anything about that but I found something in the internet :

    From https://smartlegal.id/galeri-hukum/l...-virus-corona/ , Mar 2020
    Title : Are there legal sanctions if the contract cannot be executed due to policies related to Corona Virus?

    [... According to Articles 1244 and 1245 of the Civil Code (KUHPdt) , the debtor must be punished to cover costs, losses and interest if he is late or does not carry out a contract. The sentence does not apply if he can prove the existence of something unexpected, coercive circumstances, or something that happens accidentally so that he is late / unable to carry out the agreement / contract. This is usually called force majeure or keadaan kahar. In contrast to defaults, non-performance or late implementation of obligations in force majeure is not caused by negligence, but because of circumstances or events outside the control of the parties to the agreement. There are requirements so that an event can be called a force majeure , including:
    1. Unexpected by the parties.
    2. Cannot be accounted for.
    3. It is not the fault of the parties.
    4. There is no bad intention from the parties.
    Force majeure can be in the form of natural disasters, war, riots, government fiscal or monetary policies, epidemics or global pandemics such as corona . So if one day you or your company cannot carry out a contract because of the corona virus, you have a reason not to compensate, or pay interest.]


    -------------------------------------


    From https://www.hukumonline.com/klinik/d...am-perjanjian/ , Mar 2020
    Title : Corona outbreaks as Force Majeur Reason in the Agreement

    [... The meaning of Force Majeur
    Force majeure , according to Subekti in the book Law of Agreement (p. 55), is a debtor's defense to show that what was promised was not carried out because of things that were completely unpredictable and where he could not do anything of circumstances or events that arose unexpectedly.
    Force majeure is a reason to free the debtor from the obligation to pay compensation on the basis of default stated by the creditor (p. 55)... there are articles that are often used as a reference in the discussion of force majeure , namely Article 1244 and Article 1245 of the Indonesian Criminal Code Per data which reads as follows:
    Article 1244 KUH Per data
    The debtor must be punished for reimbursing costs, losses and interest if he cannot prove that the agreement was not carried out or the timing of the agreement was not due to something unexpected , which can not be insured to him even though there is no bad intention to him.
    Article 1245 KUH Per data
    There is no reimbursement of costs , losses and interest if due to coercive circumstances or because of things that happen by accident, the debtor is prevented from giving or doing something that is required, or doing something that is prohibited for him.
    Based on these provisions, the main elements that can cause a force majeure are:
    1. An unexpected occurrence;
    2. There are obstacles that make an achievement impossible;
    3. This inability is not caused by the debtor's mistake;
    4. This inability cannot be charged to the debtor.
    .................................................. ............................................ ]

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    • #3
      Thanks. Marcus. I will check the website you provided.

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