Coffee Export Sales Contract Postponement Due To Covid-19 Pandemic In Indonesia As A Force Majeure (Research Study On The Ketiara Coffee Traders Cooperative, Central Aceh Regency)

Abstract

This study aims to find out and explain how the legal arrangements for the Covid-19 pandemic can be called Force Majeur, explain who is the party responsible for the risks due to contract delay during the Covid-19 pandemic, and to find out how the legal efforts of the parties against delays coffee export sales contracts due to the Covid-19 pandemic. In response to the emergence of the Covid-19 disease outbreak in Indonesia, the government issued a legal policy, namely the issuance of Presidential Decree No. 12 of 2020 concerning the Determination of Non-Natural Disasters for Covid-19 as a National Disaster, as a legal basis for the business world to be maintained, because in the midst of the spreading Covid-19 disease, the effect appears in entering into a civil agreement contract, where automatically the contract agreement can be changed or canceled because the work was not completed or late. This also happened to one of the coffee factories in Central Aceh Regency, namely the Ketiara Coffee Traders Cooperative (KOPEPI), which was unable to fulfill its achievements due to events beyond its capabilities in the gayo coffee export sales agreement with Royal Coffee. This research uses empirical juridical research, normative juridical approach, and is descriptive. The results of the study show that: this Covid-19 pandemic is a relative or temporary force majeure, because this Covid-19 pandemic only occurs temporarily or only for a certain period. In this case the Covid-19 pandemic cannot be directly used as a reason for the cancellation of an agreement/contract that has been agreed upon by reason of a force majeure event. In order to protect the interests of the parties and ensure that KOPEPI Ketiara continues to fulfill its obligations, renegotiation of the agreement is carried out and while still observing the principle of consensualism, the principle of freedom of contract, the principle of good faith and the principle of proportionality in renegotiation as an effort as well as the best middle way for the parties.