THE EXISTENCE OF FORCE MAJEURE
According to the law, noodtoestand is not ongeoorloofde because the two terms have a principal difference. Noodtoestand, regulated in Articles 1244 and Article 1245 of the Civil Code, is a condition that is assessed at the time of the implementation of the agreement. Meanwhile ongerooloofde oorzaak, regulated in Article 1335 of the Civil Code, is assessed when the agreement is made.
→ Supreme Court Decision No. 1180 K/Sip/1971, dated 12 April 1972.
→ Jakarta High Court Decision No. 26/1971/PT.Pdt, dated 1 August 1971.
→ Jakarta District Court Decision No. 354/696, dated 20 August 1970.
Source:
Collection of Legal Rules of Indonesian Supreme Court Decisions Book Year 1953 – 2008 Based on the Classification, by: Hulman Panjaitan, S.H., M.H., page 118.
Best Regards, Fredrik J. Pinakunary