THE INFLUENCES AND RISKS OF BEING IMPACTED BY COVID-19 AS AN EXCUSE FOR OVERMACHT OR FORCE MAJEURE TO POSTPONE THE OBLIGATION TO REPAY DEBT

Abstract

The government has issued some policies in response to the Covid-19 pandemic. Some

policies include working and studying from home, social and physical distancing, stay

at home, and large-scale social limitation. These policies bring economic impacts to the

society. The statement of the Republic of Indonesia’s President, Joko Widodo (Jokowi)

which gives credit relaxation to the society whose economic condition is impacted by

the new coronavirus or Covid-19 is publicly questioned. The method used in this

research is the juridical-normative method. Results of this research explains that the

government has given a policy regarding the risks and the influences of being impacted

by Covid-19 as an excuse for a forced condition/overmacht for the postponement of the

obligation to repay debt. The regulations on overmacht or force majeure is contained in

Article 1244 and Article 1245 of BW. The debtors who are impacted by the Covid-19

are not in default, but they are in the condition of relative overmacht or force majeure.

Practically, it is a temporary overmacht. It can become the reason for the implication of

agreement, which is postponed from the determined period.