The Outbreak of Covid-19 as an Overmacht Claim in Credit Agreements

This research aims to determine and analyze the law consequences of overmacht in credit agreements due to the Covid-19 Pandemic and as legal remedies for settlement of the credit agreement due to the Covid-19 Pandemic. This research is socio-legal research, a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in banking institutions and financing institutions in Ambon City, namely at Bank Mandiri Ambon Branch Office, BCA Ambon Branch Office, Bank Artha Graha Ambon Branch Office, and BFI Limited Company Ambon Branch Office. The types of research data are primary data and secondary data, obtained through literature study and interviews. Based on the results of the research, the Covid-19 Pandemic is a non-natural disaster, so it is categorized as a relative overmacht, so the result of the comparative overmacht law in the credit agreement due to the Covid-19 Pandemic in Ambon City has not changed the risk burden in the sense that the Debtor still fulfills their achievements after the outbreak of Covid - 19 Pandemic is over. The legal effort that can be taken to settle credit agreements due to Covid-19 Pandemic in Ambon City is through credit restructuring in the form of lowering interest rates, extending the period, reducing principal arrears, and reducing interest arrears as determined by the government to be implemented by the bank or financing institutions with debtors.

society and the authorities and society and society itself. 9 Another evidence of the relationship between Dutch law and Indonesia is civil law or BurgerlijkWetboek (BW). 10 The Civil Code provides explicit arrangements regarding interpreting contracts/agreements in Book Three, Chapter Two, Part Four, starting from the provisions of Article 1342 to Article 1351. 11 Subekti defines the connection between the obligation and agreement first by providing definitions to the two terms. An agreement is an event where someone promises another person or where the two people promise each other to do something. From that event, a connection arises between the two people, which is called an obligation. An obligation (verbintenissen) is a connection between two people or two parties. One party has the right to demand something from the other party, and the other party is obliged to fulfill that demand. The connection between the obligation and the agreement, namely that the agreement gives rise to an obligation, another source is the law. An obligation is an abstract meaning, while an agreement is a tangible thing on an event. 12 Agreements or contracts are currently developing rapidly as a logical consequence of business cooperation development between business people. 13 Sudikno Mertokusumo proposed 3 (three) principles of agreement law, namely the principle of consensual, an agreement of will (related to the legitimacy of an agreement), the principle of the strength of binding an agreement (related to the consequences of the agreement) and the principle of freedom of contract (related to the contents of the agreement). 14 In the enforcement of the agreement, the principle of pacta sunt servanda is often challenging to implement if there is a change in fundamental circumstances. The conditions on which the agreement is made have changed, and the change affects the promised parties' ability. It is not uncommon for changes in circumstances such as price increases, changes in currency exchange rates, and war conditions can cause one or more parties to the agreement to suffer losses if the agreement is executed. Several disputes in the agreement, including changes in circumstances, but the Code of Civil Law as the central provision in the agreement law have not accommodated this. And this is often related to circumstances that are beyond estimates (force majeure) or also known as an overmacht. 15 The definition of anovermacht in the Code of Civil Law states that an overmacht is "a situation in which a debtor is prevented from giving something or doing something or doing an act prohibited in the agreement". 16 The term used to describe force majeure / overmacht is a forced state. 17 A forced state is defined as "an event beyond the control of one party". Which effect delays or causes the performance of a party's obligations under the agreement is impossible, and once it arises, the party cannot avoid or resolve the incident. 18 Based on Article 1338 of the Code of Civil Law, every agreement must obey the principle of good faith (bonafide) in its enforcement because of its binding character, like a law. 19 Exceptions from this provision are found in the provisions governing the overmacht, namely in Article 1244 and Article 1245 of the Code of Civil Law. 20 The legal system of the Code of Civil Law does not introduce the principle of rebus sic stantibus in the realm of contract law but instead puts forward the aspect of overmacht.
In December 2019, cases of mysterious pneumonia were first reported in Wuhan, Hubei Province. The source of the transmission of this case is still uncertain, but the first case was linked to a fish market in Wuhan. 21 P-ISSN: 1978-5186 Volume 15 Number 1, January-March 2021E-ISSN: 2477 straightforward language that the Covid-19 Pandemicis predicted to cause supply-demand-side shocks, which include decreased production of goods, decreased income, a wave of layoffs, decreased purchasing potency, decreased demand for goods. In this regard, the Financial Services Authority (OJK) issued the Regulation of Financial Services Authority Number 11 / POJK.03 / 2020 concerning National Economic Stimulus as a Countercyclical Policy for the Impact of the Spread of Corona Virus Disease 2019 (in the future referred to as POJK No.11 / 2020).
However, it should be noted; the restructuring/credit relief policy/financing is left to the Bank. In this case, the Bank will conduct a selfassessment with guidelines that contain the criteria for debtors and sectors affected by Covid-19. Based on the description above, we are interested in conducting legal research with the title "Overmacht in Credit Agreement due to The Covid-19 Pandemic".
As maintained with the problems and purposes of this research, the type of research is socio-legal research, 23 which is a combination research method between doctrinal law research methods and empirical legal research methods. The approach used in this research is a conceptual approach and a statutory approach. This research was conducted in banking institutions and financing institutions in Ambon City, namely at Bank Mandiri Ambon Branch Office, BCA Ambon Branch Office, Bank Artha Graha Ambon Branch Office, and BFI Limited Company Ambon Branch Office. The types of research data are primary data and secondary data obtained through literature study and interviews.
B. Discussion

The Influence of Covid-19 Pandemicin Credit Agreements at Banking Institutions and Financing Institutions in Ambon City
Covid-19 is a disease which identified cause is a corona virus, which attacks the respiratory tract. 24  developed quite rapidly. 25 Therefore, the government issued Presidential Decree No.12 the Year 2020 concerning the Establishment of Non-Natural Disasters due to the spread of  The Covid-19 Pandemic that occurred greatly affected all aspects of human life globally, such as affecting human health and even resulting in death. In addition to its impact on human health, the Covid-19 Pandemic also affects all countries' economic systems around the world, including Indonesia.
From an economic aspect, theCovid-19 Pandemichas an effect, such as the obstruction of the production process, the scarcity of raw materials available in society to meet the needs of life, the cessation of the tourism, entertainment, and hospitality industry and aviation due to social restrictions and area closure policies, which make the businessmen make an efforts to reduce employees, and even layoffs (PHK). It makes decreased income and the increased number of unemployed due to job losses.
Apart from affecting the industrial sector stated above, the Covid-19 Pandemicalso affected the industry sector of financial services such as banking institutions and financial institutions to implement credit agreements with debtors.
According to research result in several banking and financing institutions in Ambon City, it was found that the Covid-19 Pandemic also affected credit agreements carried out by banks and debtors, such as: a.

The Effect of Covid-19 Pandemic on Credit Agreements for Debtors
The Covid-19 Pandemic also impacts not only on business actors but also on banking and financing institutions. The community as debtors has also been greatly affected by this pandemic. In addition to experiencing health problems, another effect experienced is related to a decrease in income, which impacts the implementation of credit agreements with banking institutions and financing institutions. As a community and a credit debtor for BRI Ambon Branch Office, this pandemic outbreak has dramatically affected the food stall business, which is being run by Mrs. Nova in Southwest Maluku Regency, where the food stalls have experienced a drastic decline in income. Meanwhile, on the other hand, she must pay credit installments at the BRI Ambon Branch Office. Due to this pandemic, as a debtor, Mrs. Nova Dahlan could not fulfill her obligation to pay installments according to the specified time. In addition to the Debtor on behalf of Mrs. Nova above, Mr. Joksan Manusiwa works as a motorcycle taxi driver. Of course, it impacts the Covid-19Pandemic such as not as many passengers as before the pandemic. Meanwhile, he must pay credit installments at the BAF Financing Institution Ambon Branch Office. Finally, in the case of payment of cash credit installments withvehicle ownership documents or Buku Kepemilikan Standar Bermotor (BPKB) guarantees every month, it becomes constrained because it cannot be paid before the due date.

Legal Consequences of Overmachtsin Credit Agreements due to The Covid-19 Pandemic in Ambon City
Overmachtor force Majeure is a condition in which the Debtor is unable to perform his performance to the creditor after the approval is made, which prevents the Debtor from fulfilling their performance, where the Debtor cannot be blamed and does not have to bear the risk and cannot predict at the time of approval created due to different events beyond his control. Such as earthquakes, floods, and accidents. 27 Almost all contractsor agreements found the phrase "Force Majeure" or "Overmacht". This phrase is a "natural element" of a contract, so this phrase, whether stated or not, is considered to be in a contract or agreement. Articles 1244 and 1245 of the Code of Civil Law have stipulated overmacht as a legal reason that frees the Debtor from the obligation to carry out fulfilment (nakoming) and compensation (schadevergoeding) even though the Debtor has committed an illegal act or onrechtmatig. 28 The characteristic of theovermacht is divided into two, namely overmacht, which is permanent, and overmacht, which is temporary. On a permanent overmacht that remains a debtor, it cannot perform because of the overmacht. In contrast, on a temporary overmacht, the Debtor will perform again after the overmacht condition ends.
When referring to Law No. 24 the Year 2007 concerning Disaster Management, the Covid-19 pandemic includes non-natural disasters, as stated in Article 1 Paragraph (3). It can be concluded that the Covid-19 Pandemicis an overmacht condition. Some people are considered absolute overmacht, namely those who are no longer able to perform such achievements as Motorbike taxi drivers, victims of layoffs (PHK). However, some of the overmacht are relative, namely those of the micro, small and medium enterprises (MSME) category.
Thus, the Debtor chooses whether a restructuring of credit or financing can be identified with a relativeovermacht or to declare himself an absolute overmacht. However, it should be understood that the overmacht cannot be Because the Covid-19 Pandemic is categorized as a relative overmacht, the legal consequence of the overmacht in the credit agreement due to the Covid-19 Pandemicin Ambon City has not changed the risk burden in the sense that the Debtor still fulfills theirachievements after the end of Covid-19 Pandemic, or through efforts credit restructuring as determined by the government to be carried out by the bank or financing institution with the Debtor.

Legal Effort to Settle Credit Agreements due to theCovid-19 Pandemic in Ambon City
The government has made various efforts in addressing the spread of Covid-19 (Corona Virus Disease) even though it seems "slow", including implementing Social Distancing and Physical Distancing as well as Large-Scale Social Restrictions (PSBB) through Government Regulation No. 21 the Year 2020. However, the massive impact of Covid-19 has been felt in various lifelines, especially in the economic sector. Likewise, the Financial Services Authority (OJK) issued the Financial Services Authority Regulation No. 11 /POJK.03/2020 Regarding National Economic Stimulus as a Countercyclical Policy Impact of the Spread of Corona Virus Disease 2019 (POJK 11/2020). This policy appears to address the many complaints about the difficulty of access to credit or financing relief to online motorcycle taxis, taxi drivers, micro, small and medium enterprises (MSME/UMKM) entrepreneurs, and temporary workers and workers who are victims of layoffs through credit relaxation.
The main points of POJK (the Financial Services Authority) regulation on the Stimulus Impact of Covid-19 are: 29 a. This POJK applies to BUK, BUS, UUS, BPR, and BPRS; b. Banks can implement policies that support economic growth stimuli for debtors affected by the spread of Covid-19, including MSME debtors, by still paying attention to the principle of prudence; c. Debtors affected by the spread of Covid-19, including MSME debtors, are debtors who have difficulty fulfilling obligations to the Bank because the Debtor or Debtor's business is affected by the spread of Covid-19, either directly or indirectly in the economic sector, including tourism, transportation, hospitality, trade, processing, agriculture, and mining. d. The stimulus policy consists of: 1) Assessment of the quality of credit/financing/other provision of funds is only based on the accuracy of principal and/or interest payments for credit/financing / other provision of funds with a ceiling of up to Rp. 10 billion; and 2) Improvement of credit/financing quality to become smooth after restructuring during the validity period of POJK. This restructuring provision can be applied by the Bank regardless of credit/financing ceiling limits or Debtor type. e. The way of restructuring credit/financing is carried out as stipulated in the OJK regulations regarding asset quality assessment, among others, by: 1) Lower interest rates; 2) Extension of the period; 3) Reduction of principal arrears; 4) Reduction of interest arrears; 5) Additional credit / financing facilities; and / or 6) Conversion of credit/financing into Temporary Equity Participation. f. Banks can provide new credit/financing/provision of funds to debtors who have received special treatment under this POJK by determining the quality of credit/financing/other provision of funds carried out separately from the quality of credit/financing / other previous provision of funds. g. The Bank submits regular reports on the application of this POJK for Supervisory monitoring since the data position at the end of April 2020. h. This provision is valid from the time of promulgation until 31 March 2021.
After the issuance of POJK 11/2020, debtors felt a little safe because of the "credit relaxation". As understood, credit relaxation means providing concessions related to credit or debt payments. This provision can be seen in Article 2 of the POJK, where banks and financial institutions can implement policies that support economic growth stimulus for debtors affected by the spread of Covid-19, including MSME debtors who are faced with the problem of arrears in credit (non-performing loans).
There are two methods of solving non-performing loans/financing. First, saving problem loans, namely through renegotiation between the bank/finance (creditor) and debtor customers. Second, non-performing loans are settled through legal institutions, such as the PUPN state receivables committee and the Directorate General of State Receivables and Auctions, Judicial Institutions, and arbitration. P-ISSN: 1978-5186 Volume 15 Number 1, January-March 2021E-ISSN: 2477 Credit rescue can be done in three forms: rescheduling by making changes to several terms of the credit agreement regarding the repayment schedule or credit term, including changes in the installment amount. Next is reconditioning (re-requirements), which is to change part or all of the agreement's terms without giving additional credit and without converting participation. Finally, restructuring by changing the terms of credit provides additional credit or by converting. Meanwhile, POJK 11/2020 saved credit during the pandemic using a restructuring mechanism.
The restructuring policy still creates problems for bank debtors/financing institutions. Based on searches in several national online media, many customers have complained that banks or financial institutions are still obliged to pay monthly installments. They know the relief in the form of "postponement of installments" and "reduced interest" as conveyed by the President.
There are two discrepancies between the President's statement and POJK 11/2020 in addressing "credit relaxation". First, POJK 11/2020 only states that debtors/customers get relief or relaxation of installments with six options, namely; reduction of interest rates, extension of term, reduction of principal arrears, reduction of interest arrears, additional credit/financing facilities, and/or credit/financing conversion to temporary equity participation so that there were no "postponement" and "interest reduction" options.
Second, Chapter I Article 1 POJK 11/2020 only mentions banking institutions, including non-bank financing companies/institutions such as Multifinance (Leasing). The banks in question are Conventional Commercial Banks, Sharia Commercial Banks, Sharia Business Units, Rural Banks, and Sharia Rural Banks. Meanwhile, the President focuses on assisting informal sector business actors such as motorcycle taxi drivers or taxi drivers who have vehicle loan installments. It can be said that POJK 11/2020 has not accommodated what President Joko Widodo said, namely delaying installments and lowering interest for one year, because micro and small businesses (MSEs) amid the outbreak of Covid-19, their conditions are getting more and more concerned. This condition impacts the national economy, which is getting worse in a situation of uncertainty.
Based on the results of research conducted both at banking institutions such as Bank Mandiri Ambon Branch Office, BCA Ambon Branch Office, Bank Artha Graha Ambon Branch Office, and Leasing Company, namely BFI Limited Company Ambon Branch Office and Credit Debtors at several Banks and financing institutions, it was found that the government's efforts through restructuring which was carried out by banking institutions and financing institutions immensely helped the debtor community who were directly affected by the Covid-19 Pandemic. 3. The BankBank will interest rate cut, so debtors affected by the pandemic can pay off their instalments.
To determine the form of restructuring that will be applied to debtors, Bank BCA will make first observations and surveillance and analyze to determine the form of the restructuring.
Debtors that are prioritized are debtors directly affected, such as business actors in the tourism, hospitality, travel, restaurants and restaurants, and trade industries.
Even if possible, BCA will provide an extension of the credit period up to 10 Extension of the credit period to reduce amount of installments As the procedure for obtaining this restructuring, the Debtor must submit it first to BFI and then be processed to request approval from the head office. Before approval is made, observations will be made to determine whether the Debtor is directly affected by the pandemic or not. If the analysis results show that the Debtor is indeed affected by the pandemic, a credit restructuring will be given. This credit restructuring is given to all debtors except for debtors who are civil servants because they are considered not affected by the Covid -19 Pandemic.
Whereas for debtors affected by the Covid-19 Pandemic, the restructuring policy provides relief to debtors to pay off their credit installments. Based on the results of research on several debtors, it was found that there were efforts made by banking institutions and financing institutions to prevent lousy credit from occurring, namely as follows: No. Debtor's Name Due to this pandemic, the BAF was only required to pay interest for two years without paying the principal loan. The principal will be paid after two years.

C. Conclusions
The Covid-19 Pandemic is a non-natural disaster. It can be categorized as a relative overmacht, so the result of the comparative overmacht law in the credit agreement due to the Covid-19 Pandemic in Ambon City has not P- ISSN: 1978-5186 Volume 15 Number 1, January-March 2021E-ISSN: 2477 changed the risk burden in the sense that the Debtor still fulfillstheir achievements after the outbreaks of Covid-19 Pandemic is over. Legal efforts that can be taken to settle credit agreements due to the Covid-19 Pandemic in Ambon City are through credit restructuring in the form of lowering interest rates, extending the period, reducing principal arrears, reducing interest arrears as determined by the government to be implemented by the bank or financing institutions with debtors.