Covid-19 Pandemic as an Event of Force Majeure in Agreements (Case Study of Indonesian Court Decisions)

Mochamad Lailul Fadlan, Dwi Fidhayanti — Mon, 04 Nov 2024 00:00:00 +0700

The legal uncertainty regarding the categorization of the regarding whether or not the Covid-19 pandemic Covid-19 pandemic as a force majeure condition has led to inconsistent interpretations for those directly impacted by the situation. Therefore, considerations can be accepted as a reason for force majeure in agreements need further analysis, both in terms of written law and judicial practice. The objective of this research is to determine the legitimacy of the Covid-19 pandemic as force majeure condition and to describe the basis of the court’s reasoning in deciding whether the pandemic can be accepted as a valid reason for force majeure in contractual agreements. This research adopts a normative juridical methodology, utilizing a statue approach, case approach, and conceptual approach. The findings reveal that the Covid-19 pandemic may be considered as force majeure, provided that the debtor (in the contract) can demonstrate fulfillment of the force majeure criteria as stipulated in Article 1244-1245 of the Indonesian Civil Code, as well as the International Chamber of Commerce’s Force Majeure and Hardship Clauses. In practice, in determining whether the Covid-19 pandemic qualifies as force majeure, the court evaluates whether the following elements are satisfied, the event is unexpected (i.e., the Covid-19 pandemic), the event is beyond the debtor’s control, there is no element of negligence of intent, and there is good faith in the part of the debtor.

Gauging Customer Sentiment Regarding Indonesian Islamic Digital Banks

Tate Agape Bawana, Fadillah Mansor, Kamaruzaman Noordin — Sat, 02 Nov 2024 00:00:00 +0700

The convergence of established Islamic finance and digital platforms has led to the emergence of Islamic digital banking. This study examines the potential and challenges of Islamic digital bank operations in Indonesia, focusing on evolving customer experiences. Data was collected from Instagram comments of Bank Aladin Syariah and Bank Jago Syariah, two Indonesian Islamic digital banks, using Apify Instagram comment scrapper and Python. The analysis revealed a predominantly neutral to positive sentiment, indicating the growing success and societal benefits of Islamic digital banks in Indonesia. However, challenges related to technology infrastructure, sharia compliance, and service quality remain. This study offers a novel perspective on the intersection of customer sentiment analysis, Islamic banking, and the Indonesian digital landscape.

AL-IKTISAB: Journal of Islamic Economic Law

Covid-19 Pandemic as an Event of Force Majeure in Agreements (Case Study of Indonesian Court Decisions)

Gauging Customer Sentiment Regarding Indonesian Islamic Digital Banks