Alfitra, Alfitra (2022) Prinsip Kepastian Hukum Terhadap Kejadian Force Majeure Dalam Pelaksanaan Perjanjian Dalam Bidang Ekspor Barang. Masters thesis, Universitas Islam Riau.

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Abstract

Force Majeure is one of the concepts in civil law and is accepted as a principle in law. Force Majeure or vis major can be accepted as a reason for not fulfilling the obligations due to the loss or disappearance of the object or purpose that is the subject of the agreement. This study focuses on the obstacles that cause force majeure events and their legal protection in the implementation of agreements in the field of export of goods. The purpose of this study is to find out the obstacles that cause force majeure events and to know the legal protection against force majeure events in the implementation of agreements in the field of export of goods. The main problem in this study is knowing the obstacles that cause force majeure events in the implementation of agreements in the field of export of goods and how to protect the law against force majeure events in the implementation of agreements in the field of export of goods. The research method used is Juridical Sociology with primary data collection directly in the field. The method used is descriptive research method conducted by interviewing the respondents who have been determined. From the results of the study, it can be concluded that the obstacles that cause force majeure events are juridical constraints, namely obstacles related to the regulations in force at the Tanjung Buton Industrial Port which are still too rigid, as well as technical obstacles found during the implementation of the cooperation agreement, including the absence of scales as comparison, human resource factors, conditions at the industrial port of tanjung buton limited places for ships to dock causing arriving ships to have to queue for more than three days after the ship arrives causing demurrage. For legal protection efforts to settle disputes due to force majeure as a legal choice determined by the parties are carried out through deliberation and consensus and if no consensus is found, the legal choice taken is through the South Jakarta District Court, although so far no settlement has been carried out. disputes through the courts because the settlement can still be reached through deliberation between the parties.

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