Terdampak Covid-19 pada Klausul Force Majeure sebagai Alasan Menunda Angsuran pada Akad Pembiayaan Al Ijarah

Abstrak

The spread of Covid-19 made the Indonesian government adopt a policy to provide relief in terms of credit installment payments to bank customers, through Financial Services Authority Regulation Number 11 of 2020 concerning National Economic Stimulus as a Countercyclical Policy for the Impact of the 2019 Coronavirus Disease Spread (POJK). However, the regulation does not specifically regulate who is entitled to credit restructuring (relief). If only those who get the right to restructuring are positively infected with the virus, then it would be unfair if the restructuring did not apply to all Indonesian citizens, considering the impact it would have on all citizens. To find out whether the impact of Covid-19 is included in the force majeure characteristics that can be used to delay payments in al-ijarah financing contracts, the researchers used a normative legal research method with the result that the Covid-19 pandemic was used as a force majeure argument in a business contract based on Presidential Decree Number 12 of 2020 concerning the Determination of Non-Natural Disasters Spreading Covid-19. This reason is used as the debtor's defense for the non-performance of a contract due to something that cannot be predicted.