Waivers of Constitutional Court Decisions by the Supreme Court Regarding Manpower Laws

Abstract

The definition of force majeure as a situation that occurs beyond the control of the parties. However, there is a difference, namely in the first definition it is clearly stated that the failure to perform the agreement must cause a loss as a consequence of the failure to perform the agreement. The parties want to carry out the performance according to the contents of the agreement, but there are certain circumstances that make an agreement potentially unenforceable. These circumstances are commonly referred to as force majeure or force majeure. Circumstances where the parties or one of the parties cannot fulfill the performance not because of personal fault, but because of the nature that arises as a barrier to the fulfillment of achievements that result in certain sectors, especially the economy. Achievement can be interpreted as a debt that is an obligation that must be fulfilled by the debtor. Where the debtor is the one who performs an achievement in an engagement. Based on that, it can be understood that achievement is an obligation that must be carried out by a debtor arising from an engagement. Achievement can also be related to the fulfillment of obligations due to the consequences of the contract (contractual obligations). Thus, achievement can be interpreted to include contractual obligations and the fulfillment of legal obligations in general in the context of binding law. Achievement also not only includes obligations born due to contractual but also obligations born due to legislation. The interpretation of achievements like this is closely related to the legal system of ties that exist in the Civil Law legal system where ties are born and sourced from ties and legislation. The parties want to carry out the performance according to the contents of the agreement, but there are certain circumstances that make an agreement potentially unenforceable. These circumstances are commonly referred to as force majeure or force majeure. A situation where the parties or one of the parties cannot fulfill the performance not because of personal fault, but because of the nature that arises as a barrier to the fulfillment of achievements that result in certain sectors, especially the economy. So that this situation raises a situation for both parties, both the state of not being able to carry out the achievement and the state of not accepting the obligation of achievement from the other party which can make a loss for the party who will accept the obligation of the achievement, as long as these things for obstacles to carrying out achievements are true also have a legal basis and can be proven in reality, then there are no things that can make someone held accountable, but after the situation is gone, the party who is obliged to excel must carry out his performance, because in fact the achievement is a debt that must be settled with the obligations agreed upon by the parties.