Akibat Hukum Force Majeure terhadap Perjanjian Pengangkutan Barang melalui Laut antara PT.Trans Pasific Jaya dengan PT.Bara Artha Energi (Studi Putusan Mahkamah Agung RI No. 959/K/2019)

Abstract

The occurrence of a force majeure event causes a consequence both to the engagement and to the risk of loss faced by the parties in the agreement. In the Supreme Court Ruling of the Reppublic of Indonesia No. 959/K/2019, the Plaintiff only received part of the compensation from the Defendant despite experiencing force majeure. The formulation of the research problem is how the concept and regulation of force majeure in the Indonesian legal system, how the application of the force majeure clause by the Panel of Judges in the Supreme Court Ruling No. 959/PDT/2019, and how are the legal consequences of force majeure on the agreement to transport goods by sea between PT. Trans Pacific Jaya and PT. Bara Artha Energi based on the Supreme Court Ruling of the Republic of Indonesia No. 959/PDT/2019. The research uses a normative juridical method with a statute approach and a case approach. Sources of data in the research are secondary data gathered by library research techniques. The results of this research concluded that the concept and regulations of force Majure in the legal system in Indonesia contain the formulation of Articles 1244 and 1245 of the Civil Code and various statutory regulations and expert opinions. In general, the regulation of force majeure law in statutory regulations can cover two large groups. Firstly, force majeure is defined as a clause that must be included in a contract or agreement, and secondly, force majeure is regulated in statutory regulations but is not related to the contract/agreement. The application of the force majeure clause by the panel of judges in the Indonesian Supreme Court Decision No. 959/K/2019 is adjusted to the results of the fact examination of the facts revealed. The legal consequences of force majeure on agreements to transport goods by sea based on the Indonesian Supreme Court Decision No. 959/K/2019 is that the Plaintiff (ship charterer) only received part of his claim for compensation from the Defendant. It is recommended that the agreement for transporting goods by sea include a force majeure clause, it would be better if the Decision of the Supreme Court of the Republic of Indonesia No.959/PDT/ /2019 could be used as jurisprudence on similar problems and it would be better for the Defendant (ship owner) to make a settlement without needing to execute it first.