Force Majeure as a Ground for Exemption from Breach of Contract Performance in Indonesian Contract Law: A Normative Legal Study of Articles 1244 and 1245 of the Civil Code

Abstract

Contracts validly formed bind the parties as law (pacta sunt servanda), meaning that non-performance generally opens the door to a claim of breach of contract. Indonesian civil law, however, recognizes an exception in the form of force majeure, as regulated under Articles 1244 and 1245 of the Indonesian Civil Code (KUHPerdata), which exempts a debtor from the obligation to pay costs, damages, and interest when non-performance results from an event beyond the debtor's control. The difficulty is that the Civil Code provides no explicit definition of force majeure, leaving its application heavily dependent on doctrinal interpretation and case law, particularly in the aftermath of the COVID-19 pandemic and the growth of electronic contracting. This study analyzes the legal basis, criteria, and legal consequences of force majeure as a ground for exemption from breach of contract, together with the challenges of its application in contemporary Indonesian judicial practice. The study employs a normative juridical method with statute and case approaches, supported by secondary legal materials drawn from recent scholarly literature. The findings indicate that force majeure is validly recognized as a ground for exemption when three cumulative elements are met: the event was unforeseeable, beyond the debtor's control, and rendered performance impossible. Such exemption does not eliminate the debtor's obligation to settle any portion of performance already rendered, so as to prevent injustice to the creditor. The study recommends strengthening force majeure clauses in contracts, particularly to anticipate non-natural disaster risks and digital technology disruptions, in order to achieve legal certainty for contracting parties.