Provisions regardingForce Majeure we can find it in Article 1244 and Article 1245 of the Civil Code, namely:

  1. Article 1244 of the Civil Code: "The debtor shall be liable to pay costs, damages and interest if he cannot prove that the non-performance of the obligation or the delay in performing the obligation was caused by an unforeseeable, uninsurable event."
  2. Article 1245 of the Civil Code: "There shall be no reimbursement of costs and interest if, due to force majeure or a fortuitous event, the debtor is prevented from rendering or performing an act that is required of him, or from performing an act that is prohibited to him." [3]

Based on this provision, breach of contract can be used as a reason for exemption from liability as long as the debtor is able to prove the existence of such force majeure.

However, not all failures to fulfill the agreement are automatically considered as breach of contract for which compensation can be sought.

Conditions of Occurrence Fource Majeur:

A situation can be categorized asforce majeure if it meets several conditions, among others:

  1. Natural disasters;
  2. Non-natural disasters;
  3. Social disaster;
  4. Strikes;
  5. Fire;
  6. Other industrial disturbances as declared through a joint decree of the Minister of Finance and relevant technical ministers.

A simple example: suppose a company cannot ship goods because the port is closed due to a natural disaster that hit the city in the port. In this condition, the situation can be used as a basisforce majeure if it really hampers the implementation of the achievement.

In case of force majeure, then the provider notifies PPK no later than 14 (fourteen) days after the occurrence force majeure, by including the statement force majeure from an authorized official, in accordance with the provisions of laws and regulations. [4]